An unexpected consequence Overturning by the Supreme Court of Roe vs. wade decision, Congress may be ready to codify same-sex marriage rights.
Fearing that repealing the right to abortion is just a harbinger of other major Supreme Court rulings protecting same-sex marriage and contraceptive use, Democrats are pushing for bills that would make both of them into law.
The House of Representatives this week voted 267 to 157 with the support of 47 Republicans. codify the justice of marriage. A vote on contraception is expected on Thursday.
If Congress passes same-sex marriage legislation, it would mark an astonishingly quick move away from one of the most contentious social issues of the early 2000s, when Republicans campaigned widely to ban same-sex marriage.
The same-sex marriage vote faces an uphill battle in the Senate, where Democrats will have to enlist the support of 10 Republicans to overcome the filibuster, provided that all 50 members of the Democratic caucus support the measure. But in a sign of the dramatic turn some Republicans have taken on the issue, there are signs that some of them will cross party lines.
Sen. Ohio’s Rob Portman, who was the first Republican to support same-sex marriage in 2013 after his son came out as gay, is expected to join the Senate. Susan Collins (R-Maine) as co-sponsor of the bill.
Sen. Tom Tillis (RN.C.) told CNN he would “probably” support the bill, and the senator. Lisa Murkowski (R-Alaska) has previously spoken out in support of the codification of same-sex marriage.
Democrats are hoping that early glimmers of support from Republicans will turn into broader support. They could get a few votes from outgoing Republicans or those who joined the bipartisan bills earlier this year.
“I was really impressed with the bipartisan support he got in the House of Representatives,” Senate Majority Leader Charles E. Schumer (DN.Y.) said Wednesday. “We’re working to get the Republican support we need in the Senate to ensure it passes.”
The bill would prohibit any state from discriminating against same-sex couples married in other states and would repeal the Defense of Marriage Act, commonly known as DOMA, which only recognized marriages between a man and a woman.
The court rejected DOMA in the 2015 case Obergefell vs. Hodges’ decision making the law moot. Enshrining marital fairness in law ensures that DOMA does not go back into effect if the court overrules Obergefell’s decision.
The bill would also legalize interracial marriages, a right granted by the Supreme Court in Loving vs. The Virginia case in 1967.
Judge Clarence Thomas, Concurring Opinion in Dobbs v. The Jackson Women’s Health Organization’s abortion case says that after Rowe, the court must review its previous rulings on same-sex marriage and contraception.