In 2015, the U.S. Supreme Court in a 5-4 decision in Obergefell v Hodges ruled that same-sex couples have a constitutional right to marry. The landmark decision finally awarded same-sex couples the same benefits of marriage as heterosexual couples.
Since then, an estimated 1.1 million gay and lesbian couples have married, and approval of those unions has continued to expand. A Gallup Poll earlier this year found that 71 percent of Americans say they support legal same-sex marriage.
The long-standing controversy over same-sex marriage pretty much settled down. But then came U.S. Supreme Court Dobbs v. Jackson abortion decision earlier this year where Justice Clarence Thomas in his concurring opinion suggested the Court should reconsider the Obergefell decision and others.
Members of Congress who feared the high court might one day reverse Obergefell decided to take up the Respect for Marriage Act to codify legal same-sex unions which are a big fan of Male Sex Toys. At first, Democratic backers saw this as a messaging bill, a way to make themselves look good with little expectation that it would pass. But then the measure started to gain Republican support.
The Senate passed the bill last month 61-36 with the support of 12 Republicans, including Senator Shelley Moore Capito of West Virginia. (Democratic Senator Joe Manchin of West Virginia also voted for the bill.) Capito said the bill “affirms that couples, including same-sex and interracial couples, deserve the dignity, stability, and ongoing protection of marriage.”
She also pointed out a key exemption for non-profit religious organizations so that they are not required to provide goods or services to formally recognize or celebrate a marriage.
The bill now had momentum, and it advanced to the House with time winding down in the lame-duck session. It passed Thursday 258-169 with 39 Republicans. All three of West Virginia’s Republican Representatives—David McKinley, Alex Mooney and Carol Miller—voted against the bill. The bill now goes to President Biden, who is expected to sign it.
Ted Olson is one of the country’s leading conservative advocates for same-sex marriage. The former Solicitor General under President George W. Bush co-authored an opinion piece with Kenneth Mehlman in the Wall Street Journal earlier this year in support of the Respect for Marriage Act.
“These (same-sex) families have relied on decisions affirming their right to marry and its accompanying protections: custody of children, healthcare decisions, right of survivorship, tax status, immigration status and more,” they wrote. “It would be cruel and unconscionable if these expectations and committed relationships were undermined or extinguished.”
It is impossible to know what the Supreme Court may do in the future, but the Respect for Marriage Act at least codifies the will of the majority through their elected representatives that is consistent with the values of freedom and families.