The U.S. House of Representatives on Tuesday passed a bill aimed at codifying gay marriage, after the Supreme Court’s decision to overturn Roe v. Wade had Democrats fearing similar precedents that protected rights to same-sex relations and contraception were in jeopardy.
The bill, which passed the Democratic-controlled chamber by a vote of 267-157 with support from 47 Republicans, establishes federal protections for gay marriage and bars states from enacting their own policies on marriage based on the race or sex of the couple.
It will now go to the Senate for a vote, where it faces unclear odds in the evenly divided chamber. House Republicans were told to vote with their conscience by party leadership, who did not whip against the bill.
House Judiciary Committee Chairman Jerrold Nadler sponsored the bill after the federal right to an abortion was overturned when the Supreme Court struck down its landmark 1973 Roe v. Wade ruling.
In a concurring opinion, Justice Clarence Thomas said the court should also reconsider its past rulings that guaranteed access to contraception and the 2015 right to gay marriage because they relied on the same legal arguments as Roe.
Some congressional Republicans have echoed Thomas’ arguments. Republican Senator Ted Cruz said on Saturday that the high court was “clearly wrong” in establishing a federal right to gay marriage, though he also said that it was much different than Roe in that it did not affect life.
Democrats have argued that Congress must enshrine the right to gay marriage into federal law in case the court revisits its past rulings.
Republicans who voted against it have remained fairly quiet though many have said that the repeal of these rights is currently not an issue.
Under the House bill, states could still restrict gay marriage if the Supreme Court overturns its prior ruling. But such states would be required to recognize marriages that occurred in states where they remain legal.
The House will vote Thursday on a bill to guarantee nationwide access to contraception, another right that Thomas suggested the court revisit.
Democrats are largely hoping that the vote will put Republicans on record on the controversial issue ahead of Nov. 8 midterm elections, detracting from other issues that are harming Democrats at the polls including soaring inflation, high gas prices, and the pushing of progressive ideologies on children.
Copyright 2022 Thomson/Reuters (edits for FISM News by Michael Cardinal)