House passes historic same-sex marriage protection law, sending it to Biden’s desk. The law, which calls for all states to accept same-sex unions, is anticipated to be swiftly signed by President Joe Biden, providing relief to the thousands of couples who have wed since the Supreme Court’s 2015 ruling making same-sex unions legally recognized nationwide.39 Republicans joined all of the Democrats in supporting the Respect for Marriage Act, which was approved by the Democratically controlled House 258-169-1. In the Democratic-controlled Senate, it also received cross-party support in late November when 12 Republican senators voted in favor of the measure.
47 Republicans in the House voted in favor of a previous draft of the bill over the summer. Republicans supported an amendment that added further protections for religious liberty and faith-based nonprofits, and it was included in the version that was approved on Thursday.
Following the Supreme Court’s judgment in June that invalidated the legal right to an abortion, Democrats swiftly passed the bill through the House and Senate. Justice Clarence Thomas offered a concurring opinion with the decision, urging further consideration of same-sex unions.
The law would not mandate that states grant same-sex marriage licenses, as the Obergefell v. Hodges ruling by the Supreme Court in 2015 mandates. However, if the Obergefell ruling were overturned, it would mandate that states recognize all marriages that were valid where they were consummated and would safeguard existing same-sex unions.
Even if it may not be everything advocates had hoped for, the legislation’s passing marks a turning point. More than two-thirds of the population now favor same-sex unions, when a decade ago several Republicans publicly ran for office promising to outlaw them.
With the support of 47 Republicans, the House passed a bill in July to safeguard same-sex unions. This significant and unexpected show of support sparked serious discussions in the Senate. The law was approved by the Senate last week with 12 Republican votes after months of negotiations.
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