In an historic vote, the House of Representatives yesterday afternoon passed the Respect for Marriage Act, 267-157. All Democratic members voted for the bill, and so did 47 Republicans. Seven Republicans abstained from voting.
The bill enacts into federal law the right to same-sex marriage and to interracial marriage. Specifically, it does four main things:
1. Repeals the 1996 Defense of Marriage Act, which permitted states to refuse to recognize same-sex marriages.2. Requires states to give "full faith and credit" to marriages of "two individuals" validly performed in other states, regardless of "race, sex, ethnicity, or national origin."3. Requires the federal government to recognize all such marriages.4. Gives federal courts power to enforce these provisions.
Full text here.
Search the official roll call here to find out how your state's representatives voted.
Having read the text of the bill, it seems to me that it does not force any state to perform same-sex marriages; but every state has to recognize them as valid marriages. However, I am not a lawyer, and this blog post is not legal advice.
To become law, the bill must next be passed by the Senate and signed by President Biden, who has already said he is ready and willing to do so. At this time, it is not known when the Senate will take up the bill. In order to avoid a filibuster, 60 votes will be needed to pass it in that chamber, split 50-50 between Republicans and Democrats.
Still, this is quite a remarkable vote, and calls for at least a wine spritzer to celebrate. I well recall that when I came out in college more than 40 years ago, the idea that gays could have any legal relationship was just a sweet, idealistic fantasy.
But I have lived to see this day.
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3 comments:
That roll call chart is very nice to get precise data. This probably should have been done years ago. Hoping the Senate goes along.
I had to go back and look up the reason Leon and I decided it was OK to marry in 2014, a year before Obergefell. Bert and Ernie (New Yorker Magazine) were happy and so were we because in June of 2013,
"The Supreme Court issued rulings on two highly-anticipated cases on gay marriage today. By 5-4, it ruled the federal Defense of Marriage Act, which defines marriage as a union between one man and one woman, is unconstitutional.
In a separate ruling, it declined to take on the broader issue of gay marriage. The court decided that supporters of Proposition 8, a 2008 ballot measure that had outlawed same-sex marriages in the California, did not have standing to bring the case to the court."
The law before the Senate will formally repeal DOMA. A formality that I presume is necessary. I won't say just yet what I hope certain people will do should the bill pass the Senate.
LOL Frank.
There was also the SC ruling in the Edie Windsor case in 2013 - I forget the details but it was a huge step forward too. Then Obergefell in 2015 finished the job, I thought forever.
But as I believe I wrote in the Blue Truck at the time, what the Supreme Court giveth, it can also take away. Thomas is an active shooter, taking direct aim at marriage rights (though not HIS marriage rights, which where I grew up were completely forbidden).
It's always better to have Congress legislate a change than to depend on the whims of the Court. I'm actually a bit astonished no one in DC thought about repealing DOMA before now. Lesson to future generations: make it law. Better yet, a constitutional amendment.
Of course, even laws and amendments can be repealed, but it's harder to do, and that's what democracy is all about.
Congrats to you and Leon for all these years of married life.
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