House to vote this week on codifying same-sex marriage into law

House Democrats are introducing legislation to codify the legality of same-sex marriage at the federal level.

The Respect for Marriage Act would “enshrine marriage equality for the purposes of federal law, and provide additional legal protections for marriage equality.” 

“Three weeks ago, a conservative majority on the Supreme Court not only repealed Roe v. Wade and walked back 50 years of precedent, it signaled that other rights, like the right to same-sex marriage, are next on the chopping block,” said House Judiciary Committee Chairman Jerry Nadler. 

Specifically the bill would consider a couple married for federal purposes so long as the marriage is valid in the state in which it was performed. It would also repeal the Defense of Marriage Act, which is a Clinton-era bill that defined marriage as the union of one man and one woman. 

The bill has the support of Republican Susan Collins, as well as several Democrats between both chambers. 

The proposed legislation comes after warning from Democrats and activists that the Supreme Court could overturn its decision in Obergefell v. Hodges, which held that states could not ban same-sex marriages under the 14th amendment. 

In his opinion in Dobbs v. Jackson Women’s Health Organization, Justice Clarence Thomas wrote that the court “should reconsider” its past rulings under the substantive due process doctrine, including Obergefell. 

However, it is unlikely that this court would actually choose to overturn these decisions. Justices Roberts and Kavanaugh have both expressed reluctance to pursue what Thomas outlined in his opinion.

While Justice Roberts opposed Obergefell when it was decided in 2015, as did Justices Thomas and Alito, he has been reluctant to overturn precedent, as evidenced by his refusal to join the other five conservative justices in overturning Roe v. Wade. 

The legislation is sure to pass the Democrat majority in the House. It is unclear whether Senate Republicans will move to filibuster the bill in the 50/50 senate.