U.S. House Officially Abandons Support for Traditional Marriage

Jul 22, 2022 by

by Joe Carter, TGC:

The Story: The U.S. House—including 47 House Republicans—voted to codify same-sex marriage into federal law, officially abandoning support for traditional marriage.

The Background: On Tuesday, the House voted to pass the Respect for Marriage Act (RFMA), a bill that repeals the Defense of Marriage Act (DOMA) and provides statutory authority for same-sex marriages.

DOMA is a federal law that restricts federal marriage benefits and requires interstate marriage recognition only for opposite-sex marriages. The law passed both houses of Congress by large majorities and was signed into law by President Bill Clinton in 1996.

However, the Supreme Court case United States v. Windsor struck down one section of DOMA in 2013. Two years later, the ruling in Obergefell v. Hodges stripped away the remaining power of DOMA by requiring all states to grant same-sex marriages and recognize same-sex marriages granted in other states.

RFMA replaces the provisions in DOMA and defines marriage, for purposes of federal law, as any marriage that is valid under state law. The bill also requires all states to recognize same-sex marriages from other states.

RFMA had been floating around Congress since 2009, but it gained more attention after Justice Clarence Thomas wrote in his concurring opinion in Dobbs v. Jackson Women’s Health Organization that the high court should “reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence and Obergefell.”

Of the 204 Republicans who voted on the bill, 47 (23 percent) voted in support. All 267 Democrats also supported the bill, including 11 who had voted for DOMA in 1996.

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