Bill protecting same-sex, interracial unions clears Congress

WASHINGTON — The House gave final approval Thursday to legislation protecting same-sex marriages, a monumental step in a decadeslong battle for nationwide recognition that reflects a stark turnaround in societal attitudes.

President Joe Biden has said he will promptly sign the measure, which requires all states to recognize same-sex marriages. It is a relief for hundreds of thousands of couples who have married since the Supreme Court’s 2015 decision that legalized those marriages and have worried about what would happen if the ruling were overturned.

In a statement after the vote, Biden called the legislation a “critical step to ensure that Americans have the right to marry the person they love.” He said the legislation provides “hope and dignity to millions of young people across this country who can grow up knowing that their government will recognize and respect the families they build.”

The bipartisan legislation, which passed 258-169 with 39 Republican votes, would also protect interracial unions by requiring states to recognize legal marriages regardless of “sex, race, ethnicity, or national origin.” After months of negotiations, the Senate passed the bill last week with 12 Republican votes.

Democrats moved the bill quickly through the House and Senate after the Supreme Court’s decision in June that overturned the federal right to an abortion — including a concurring opinion from Justice Clarence Thomas that suggested the 2015 Obergefell v. Hodges decision legalizing same-sex marriage could also be reconsidered.

While many Republicans predicted that was unlikely to happen, and said the bill was unnecessary, Democrats and GOP supporters of the bill said it shouldn’t be left to chance.

“We need it,” said House Speaker Nancy Pelosi, who presided over the vote as one of her last acts in leadership before stepping aside in January. “It is magic.”

The bill is “a glorious triumph of love and freedom,” Pelosi said, tearing up as she celebrated its passage.

In debate before the vote, several gay members of Congress talked about what a federal law would mean for them and their families. Rep. Mark Pocan, D-Wis., said he and his husband should be able to visit each other in the hospital just like any other married couple and receive spousal benefits “regardless of if your spouse’s name is Samuel or Samantha.”

Rep. Chris Pappas, D-N.H., said he was set to marry “the love of my life” next year and it is “unthinkable” that his marriage might not be recognized in some states if Obergefell were to be overturned.

“The idea of marriage equality used to be a far-fetched idea,” said Rep. David Cicilline, D-R.I. “Now it’s the law of the land and supported by the vast majority of Americans.”

The legislation lost some Republican support since July, when 47 Republicans voted for it — a robust and unexpected show of support that kick-started serious negotiations in the Senate. But most of those lawmakers held firm, with a cross section of the party, from conservatives to moderates, voting for the bill. House Republican Leader Kevin McCarthy voted against it.

“To me this is really just standing with the Constitution,” said Republican Rep. Ann Wagner of Missouri, who voted for the bill both times. She pushed back on GOP arguments that it would affect the religious rights of those who don’t believe in same-sex marriage.

“No one’s religious liberties are affected in any way, shape or form,” Wagner said.

Republican Rep. Chris Stewart of Utah said he was “proud to once again vote in favor of protecting our LGBTQ and religious friends and neighbors.” He praised Senate changes to the bill ensuring that it would not affect current rights of religious institutions and groups.

“Civil rights are not a finite resource, we do not have to take from one group to give to another,” Stewart said.