The U.S. Senate postponed yesterday’s vote on legislation that would codify same-sex marriage after negotiators were unable to secure enough republican support for the bill. A vote on the bill will take place after the Nov. 8 congressional elections. The news comes as a disappointment to those who hoped that the Biden administration would be able to protect marriage equality through legislative action. This as Supreme Court Justice Clarence Thomas spoke on dismantling the same-sex marriage protections that have been established by the court, after the same was done to abortion rights. The decision to postpone the bill indicates that democratic lawmakers are optimistic as to their chances to win big this November and secure enough democratic representation in the senate to pass the bill.
If passed, the “Respect of Marriage Act” would ensure that all marriages are valid across states as long as it is valid in the state where the marriage license was issued. Prohibiting “any person acting under color of state law from denying full faith and credit to an out of state marriage based on the sex, race, ethnicity or national origin of the individuals in the marriage.” The legislation would repeal the “Defense of Marriage Act” which prevented same-sex couples from being able to be considered married in states where same-sex marriage wasn’t legal or for immigration purposes. DOMA was ruled unconstitutional by the Supreme Court in 2015 but this could change if Obergefell is dismantled.