The US House of Representatives has passed the Respect for Marriage Act, with a vote of 267 to 157 and with 47 Republicans voting in favor.
This measure would repeal the Defense of Marriage Act (DOMA) and enshrine marriage equality for the purposes of federal law.
Moreover, it would grant additional legal protections against those seeking to undermine marriage equality at the state level.
As the debate shifts to the Senate, what does the passage of this bill mean for the LGBTQ community?
Respect for Marriage Act and the LGBTQ community
In a commentary written by James Esseks, Director for the LGBTQ & HIV Project of the American Civil Liberties Union (ACLU), he pointed out its passage at the House is a big deal.
Esseks said this was lawmakers’ response to the Supreme Court decision to overturn Roe v. Wade and Justice Clarence Thomas urging the high court to overturn particular rulings– particularly the right of same-sex couples to marry.
“The bill passed the House with a large, bipartisan vote of 267-157, making it the most pro-LGBTQ vote in Congressional history,” he pointed out.
With the Respect for Marriage Act repealing DOMA, this allows the federal government to respect the marriages of same-sex couples married under state law and includes them in federal recognition.
In turn, this would support the Supreme Court decision to strike down the federal recognition portion of DOMA in the United States v. Windsor decision in 2013.
Moreover, it would also support the inter-state recognition portion of its ruling in Obergefell v. Hodges should they be overturned.
Limitations of the Respect for Marriage Act
However, there are certain ways that the the measure may be “fairly limited,” Esseks said.
If the high court overturns Obergefell v. Hodges, he said, the measure would not stop any state from once again refusing to issue marriage licenses to same-sex couples.
“The federal government would still be required to respect same-sex couples’ already-existing marriages, as would other states in many circumstances,” he added.
However, he pointed out that “a state that wanted to get out of the business of issuing marriage licenses to same-sex couples would not violate the Respect for Marriage Act.”
What’s more, it’s also not clear if the bill make it out of the Senate given the 60-vote requirement.
“Despite the significant bipartisan support in the House, progress like that in the Senate is still a very steep hill to climb,” he said.
A bipartisan move by the House
According to reports, the House easily passed the measure such that it caught the senators by surprise– including those in the Democratic leadership.
Currently, the Democrats hold a 50-50 majority in the Senate. To pass the measure, it would need 10 Republican votes and they only have one Republican co-sponsor as of present: Sen. Susan Collins (R-ME).
Senate Majority Leader Chuck Schumer said, “I want to bring this bill to the floor, and we’re working to get the necessary Senate Republican support to ensure it would pass.”
Rep. Jerry Nadler (D-NY), who filed the measure, said: “Today’s vote was about protecting the children and loving families whose whole lives rely on the constitutional guarantee of marriage equality.”
“I want to thank those of my Republican colleagues who had the courage to stand up for children and families and voted to protect the constitutional right to marriage equality,” Nadler added.