The U.S. House overwhelmingly approved legislation to protect same-sex and interracial marriages amid concerns that the Supreme Court ruling overturning Roe v. Wade abortion access could jeopardize other rights criticized by many conservative Americans.
The House-passed legislation has some Republican support and is expected to come up for a vote in September. It is part of an effort by Democrats to protect various rights after Supreme CourtWhile the Senate is not expected to approve separate House bills to legalize abortion or protect contraception rights, the same-sex marriage legislation has a real shot at passage after a handful of Republican senators indicated they would vote for it.
The legislation wouldn't codify, or enshrine into law, Obergefell, which now requires states to issue same-sex marriage licenses. If the bill were passed and Obergefell were later overturned, some states could stop issuing those licenses, but all states would still have to recognize same-sex marriages performed legally in other states.
The practical effect of that would be that some people couldn't get married in their own states, but all same-sex marriages would continue to be recognized and eligible for the legal benefits of marriage. Wisconsin Sen. Tammy Baldwin, the lead Democrat pushing the bill in the Senate, says the legislation was written that way because marriage is currently regulated by the states, not the federal government. Any legislation requiring federal regulation of marriages would be unlikely to garner enough support to pass.If Obergefell were overturned today, federal law would partially revert to a 1996 statutethe Defense of Marriage Act.
The bill would fully repeal that law, replacing it with the new language requiring that states and the federal government consider an individual married if they have been legally married in any state.part of the Defense of Marriage Act that kept legally married same-sex couples from receiving federal tax, health and pension benefits that were otherwise available to married couples. The bill includes provisions to ensure those benefits remain for same-sex couples, as well.
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