The precedent of the overturning of Roe v. Wade has opened the floodgates for the Supreme Court to potentially reconsider a number of past decisions; these include Obergefell v. Hodges, which legalized same-gender marriage nationwide, and Loving v. Virginia, which deemed laws banning interracial marriage unconstitutional, among others.
Though, it appears that the Supreme Court might not have a say in the future of marriage equality, as Senate Majority Leader Chuck Schumer announced earlier this month that the Senate will vote on a proposal to codify both same-gender and interracial marriage protections in the coming weeks.
The proposal, The Respect for Marriage Act (RFMA), has seen a number of iterations since 2009, but it finally passed the House of Representatives in July, just a month after the Supreme Court overturned Roe. If passed, the legislation would officially repeal the Defense of Marriage Act, which has been unenforceable since same-gender marriage was legalized across the country.
Additionally, the proposal would provide protections for married couples on the basis of sex, race, ethnicity, or national origin, legally ensuring same-gender and interracial marriages remain federally legal. All 220 House democrats and 47 republicans voted in favor of the act once it was reintroduced, coming with 157 republicans who voted against it.
Schumer says that democrats want to move quickly to pass the vote and prefer to forge ahead with a standalone vote. Though they would need at least 10 republicans to back the bill for it to overcome the filibuster and pass.
“Let’s remember why a vote on the Respect for Marriage (Act) is necessary,” Schumer says. “Millions upon millions of American women had their right taken away by the extremist MAGA Supreme Court in the Dobbs decision. And in a concurring opinion Justice Thomas opened the door for the Supreme Court going even further. When some republicans say the vote is unnecessary, it won’t happen—They said the same thing about Roe.”
Republicans are already picking the proposal apart, though Maine Senator Susan Collins, a republican, is working with colleagues of all parties to ensure there are no questions.
“We’re looking at an amendment that would strengthen the language in the bill to make crystal clear that it does not in any way infringe upon religious liberties, and it also would correct a drafting error in one part of the bill that makes very clear that marriage is between two individuals,” Collins says, adding that republicans have also expressed concern that the bill could open the doors for “polygamous marriage,” despite the fact that it’s illegal in all 50 states.
In regard to her confidence surrounding the bill’s passing, Collins says she’s “never confident until the role is called,” but affirms they are making solid progress.
“There’s a lot of sincere interest, but obviously people want to see the amendment and have input into the amendment,” she says.
Keep up with OFM for more updates on this ongoing story.
