Legislation that ensures same-sex and interracial marriages are recognized as legal unions appears headed for final approval and President Joe Biden’s signature
From left, Sen. Rob Portman, R-Ohio, Sen. Tammy Baldwin, D-Wis., Sen. Susan Collins, R-Maine, and Sen. Kyrsten Sinema, D-Ariz., talk with reporters following Senate passage of the Respect for Marriage Act, at the Capitol in Washington, Tuesday, Nov. 29, 2022.
In 2013, the Supreme Court ruled that the part of DOMA that said the federal government wouldn't recognize same-sex marriages was unconstitutional., the court found bans on same-sex marriage unconstitutional. That monumental decision legalized gay marriage nationwide, ending bans in 14 states that still had them. Since then, hundreds of thousands of same-sex couples have married.
“I agree that ‘othing in opinion should be understood to cast doubt on precedents that do not concern abortion,’” Thomas wrote. “For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents.” That included Obergefell, Thomas wrote. The House voted on an early version of the bill in July, and the final tally caught some by surprise: 267-157, with 47 Republicans voting in favor.
The legislation wouldn’t codify, or enshrine into law, Obergefell, which now requires states to issue same-sex marriage licenses. So if the bill is signed into law, and the Supreme Court later overturns Obergefell, some states could stop issuing those licenses. But all states would still have to recognize same-sex marriages performed legally in other states.
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