Senate passes Respect For Marriage Act

Nice. And remember who opposed it, kids.

Republican U.S. Sens. John Cornyn and Ted Cruz tried to block a Senate vote to explicitly enshrine equal marriage rights for gay, lesbian and bisexual Americans into federal law Wednesday, after 12 GOP lawmakers joined Democrats to clear the way for the bill’s passage.

The Respect for Marriage Act would repeal the 1996 Defense of Marriage Act, which barred the federal government from recognizing same-sex marriage until the U.S. Supreme Court ruled that law unconstitutional in 2013. The high court went further in 2015 and ruled in Obergefell v. Hodges that states can’t ban same-sex marriages, declaring that gay, lesbian and bisexual Americans have a constitutional right to marry.

The core provisions of the Respect for Marriage Act would be relevant only if the Supreme Court reverses that decision in the way it revoked a constitutional right to abortion this summer.

The bill would not force states that currently have unenforceable bans on same-sex marriage, like Texas, to offer marriage certificates to gay, lesbian and bisexual couples if Obergefell is overturned. But it would mandate that the state recognize a same-sex marriage that occurred in a state where it is legal. The vote on Wednesday in the Senate clears the way for it to pass the chamber easily. It will then return to the House, where members will consider the amendments made in the Senate. The House passed the original version of the bill in July.

There was a push to get this to a vote before the election, but the decision was made to defer it to the lame duck session. Given that it has now passed the Senate, I can’t argue the logic – sometimes, the result is all that matters. The RFMA has some progressive critics, but the argument for its passage is strong. I have no doubt it will sail through the House. It’s a very good thing, but don’t rest on your laurels because there’s lots more to be done before the end of the year. Mother Jones, TPM, and The 19th have more.

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