The house is attempting to codify same-sex marriage into law as the overturning of Roe v. Wade puts other Supreme Court decisions at risk. Lawmakers have introduced a bill that seeks to protect same-sex marriage after Supreme Court justice Clarence Thomas stated that Obergefell should be the next case to be reviewed following the dismantling of Roe v. Wade.
On Monday, a group of primarily Democratic lawmakers introduced legislation called “Respect of Marriage Act” in the house and the senate which seeks to codify Obergefell into law. Judiciary Committee Chairman Rep. Jerry Nadler of New York said “we cannot sit idly by as the hard-earned gains of the Equality movement are systematically eroded,” in a statement released by the lawmakers. In a concurring opinion to the overturning of Roe v. Wade, Supreme Court justice Clarence Thomas revealed that he believes that the court should reconsider the Obergefell case that legalized same-sex marriage on a federal level in 2015.
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.