The House of Representatives was voting Tuesday afternoon on a bill to codify the right to same-sex marriage in the wake of the Supreme Court’s reversal of Roe v. Wade — with one justice writing that the right to same-sex marriage should also be reversed.
Rep. Jerry Nadler, D-N.Y., kicked off Tuesday’s debate on the bill, titled The Respect For Marriage Act.
The legislation, Nadler said, “would reaffirm that marriage equality is and must remain the law of the land.”
“Congress should provide additional reassurance that marriage equality is a matter of settled law. All married people building their lives together must know that the government must respect and recognize their marriage for all-time,” Nadler continued.
Concern among some lawmakers and advocates about the legal fate of same-sex marriage mounted after Justice Clarence Thomas’ concurrence in the Supreme Court’s ruling in Dobbs v. Jackson, which reversed Roe last month. In his separate opinion from the majority, Thomas wrote that the court should next revisit its opinion in Obergefell v. Hodges, from 2015, which guaranteed nationwide same-sex marriage.
While the court’s majority took pains to note its decision to overturn Roe should not be seen as an indication of future rulings, Thomas’ separate opinion caused alarm among same-sex marriage supporters.
House Democrats have set votes on multiple bills to codify rights that were not spelled out in the Constitution but which were granted — at least for a period of time, in Roe’s case — by Supreme Court rulings.
“The Supreme Court’s extremist and precedent-ignoring decision in Dobbs v. Jackson has shown us why it is critical to ensure that federal law protects those whose constitutional rights might be threatened by Republican-controlled state legislatures,” House Majority Leader Steny Hoyer said in a statement.
Following Nadler’s introduction of the marriage bill Tuesday, Rep. Jim Jordan, R-Ohio, called the proposal an attempt to “intimidate” the Supreme Court and said the threat to same-sex marriage was a “manufactured crisis” — accusing Democrats of using the the legislation as a political tool.
“Democrats can’t run on their disastrous record, they can’t run on any accomplishments less than four months before an election,” Jordan said.
Both he and Texas Republican Rep. Mike Johnson said there was no need for the bill.
Nadler pushed back on the notion that Obergefell was solidified and that the bill was unnecessary. “If that decision is not overturned, this bill is unnecessary but harmless. If that decision is overturned, this bill is crucial — and we don’t know what this court is going to do,” he said.
The Supreme Court is seen while arguments for Masterpiece Cakeshop vs. Colorado Civil Rights Commission is heard on December 5, 2017 in Washington, D.C.
Brendan Smialowski/AFP via Getty Images
House Republican Minority Whip Steve Scalise said at a press conference Tuesday morning that Republicans would be free to make their own decision on the bill — reflecting, in part, how the politics around same-sex marriage have shifted for the GOP in the seven years since Obergefell. Polling shows Americans have become increasingly supportive of same-sex marriage.
“Every member obviously is going to have to make their own vote on that,” Scalise said.
In a show of Republican backing for the bill, New York Rep. Nicole Malliotakis indicated her support shortly before debate began.
“Today, I will vote to codify same-sex marriage to ensure our fellow Americans continue to have the right to equal marriage and benefits under federal law,” Malliotakis said in a statement after expressing regret for a previous vote against the legalization of same-sex marriage in New York when she served in the state Assembly.
The House’s Democratic majority is likely to pass the bill with at least some GOP votes. It will then move to a split Senate where Republican support is possible, too, if fragmented.
“I’ve made clear my support for gay marriage years ago. I will look at what the House is doing and see what that might mean here on the Senate side,” Republican Sen. Lisa Murkowski of Alaska said Tuesday morning. She also listed the Supreme Court’s pro-abortion access rulings and its ruling guaranteeing contraception for married couples as rights she would like to see codified. (Democratic leaders in the House said this week they will also vote on a bill codifying contraception access.)
Sen. Bill Cassidy, R-La., criticized Democrats’ framing of the same-sex marriage proposal but stopped short of saying how he would vote on it.
“It’s obviously settled law right now. This is a pure messaging bill by a party that has failed on substantive issues — be it inflation, crime or the [southern] border and now are looking for cultural issues in order to somehow do better in November,” he said.
Sen. John Thune, R-S.D., said the marriage bill would likely draw a “mixed bag” of Republican votes.
The proposal was introduced Monday by a bipartisan group including Republican Sen. Susan Collins of Maine. If passed it would repeal the Defense of Marriage Act, which was found to be unconstitutional by the Supreme Court.
ABC News’ Gabe Ferris and Mariam Khan contributed to this report.