Senate Passes Same-Sex Marriage Bill

The Senate on Tuesday passed the Respect for Marriage Act, a measure that would provide federal protections for same-sex marriages.

The upper chamber voted 61-36 to approve the bill. It is expected to clear a final vote in the House next week, after which it will head to President Biden’s desk for final approval.

Democrats have said the bill is necessary after conservative Supreme Court Justice Clarence Thomas wrote in his concurring opinion in Dobbs v. Jackson Women’s Health Organization earlier this year that the Court “should reconsider” its decisions in Griswold v. Connecticut, Lawrence v. Texas, and Obergefell v. Hodges, which established a right to contraception, privacy in the bedroom, and same-sex marriage, respectively.

Thomas’s reasoning was that the Court’s majority found that a right to abortion was not a form of “liberty” protected by the due-process clause of the 14th Amendment to the Constitution. He said the Court therefore had a duty to “correct the error” in the other three precedents, which relied upon the same legal reasoning as Roe. He wrote that after “overruling these demonstrably erroneous decisions, the question would remain whether other constitutional provisions” protected the rights established in the three cases.