Demand Progress

The U.S. House has passed the Respect for Marriage Act. This bill would codify gay and interracial marriage and repeal the Defense of Marriage Act, a law allowing states to refuse to recognize same-sex marriages.

The bill comes in response to comments by Supreme Court Justice Clarence Thomas following the Dobbs decision that overturned Roe v Wade--the law that established a constitutional right to an abortion.

In his opinion for the court, Thomas implied that the Due Process Clause fails to secure the right to an abortion and other substantive rights as well. Thomas wrote, "In future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell."

Those three cases Thomas mentions were all watershed decisions that established constitutional rights, including the right to contraception, the right to a consensual partner of the same sex, and the right to same-sex marriage.

If we don't enshrine these fundamental rights to love who we choose to love, the Supreme Court may take those rights away.  

Democrats are fighting to do just that by introducing the Respect for Marriage Act. More than 30 states contain statutes or constitutional amendments prohibiting same-sex marriage, threatening marriage equality in two-thirds of the country if SCOTUS overturned Obergefell.

Now this bill has passed the House, it's Senate Majority Leader Chuck Schumer's responsibility to bring the Respect for Marriage Act to a vote.

Sign the petition to the Senate: Pass the Respect for Marriage Act!

Sources: 

1. The Hill, “House to vote on Respect for Marriage Act in response to Clarence Thomas opinion,” July 18, 2022.
2. The Hill, “Thomas calls for overturning precedents on contraceptives, LGBTQ rights,” June 24, 2022.