Mr. President, I rise in strong support of H.R. 8404, the Respect for Marriage Act. I am pleased to be a cosponsor of the Senate companion version of this measure, S. 4556, which has been introduced by Senator Feinstein. The House passed…
Mr. President, I rise in strong support of H.R. 8404, the Respect
for Marriage Act. I am pleased to be a cosponsor of the Senate companion version of this measure, S. 4556, which has been introduced by Senator Feinstein.
The House passed this legislation by a bipartisan vote of 267 to 157 in July 2022, and the Senate is now poised to pass this legislation with a strong bipartisan vote as well.
In 2010, Maryland began to recognize out-of-state same-sex marriages that were legally performed in other States. And in 2012, Governor Martin O'Malley signed a law guaranteeing Marylanders the freedom to marry regardless of their gender, which was later upheld and confirmed by the voters of Maryland in a statewide referendum.
In 2015, the Supreme Court held in the case of Obergefell v. Hodges that the Constitution protected the right of same-sex couples to marry and therefore granting this right nationwide. Let me quote just a few passages from this historic decision, written by Justice Anthony Kennedy more than seven years ago: ``Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. And the Equal Protection Clause, like the Due Process Clause, prohibits this unjustified infringement of the fundamental right to marry.''
Justice Kennedy concluded in part that: ``No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.''
So why are we here today, if Obergefell is still the law of the land? We are here because the Supreme Court of the United States decided to strip away a woman's fundamental reproductive rights this summer. The Court overturned its Roe v. Wade decision--and a half century of associated precedents--in its radical Dobbs v. Jackson Women's Health Organization decision.
In that decision, Justice Thomas wrote a concurrence which warned that the Court should ``reconsider, [in future cases], all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell.'' These decisions protected the right to access contraception, the right to have same-sex relations, and the right to enter into a same-sex marriage, respectively. Do most Americans really want to turn back the clock on these civil rights, in terms of being able to responsibly plan the size of their family, make personal medical and healthcare decision with their doctors, and fall in love and marry their partner of their choosing, regardless of their gender? I don't think so.
The dissent in Dobbs correctly pointed out: ``The lone rationale for what the majority does today is that the right to elect an abortion is not `deeply rooted in history': Not until Roe, the majority argues, did people think abortion fell within the Constitution's guarantee of liberty. The same could be said, though, of most of the rights the majority claims it is not tampering with.''
The dissent continued: ``The majority could write just as long an opinion showing, for example, that until the mid-20th century, `there was no support in American law for a constitutional right to obtain [contraceptives].' So one of two things must be true. Either the majority does not really believe in its own reasoning. Or if it does, all rights that have no history stretching back to the mid-19th century are insecure. Either the mass of the majority's opinion is hypocrisy, or additional constitutional rights are under threat. It is one or the other.''
I am therefore pleased that the Senate came together in its best traditions to form a bipartisan working group--led by Senators Baldwin and Collins--to codify the right to be married regardless of your gender and to rescind Federal laws to the contrary that are still on the books. I thank Leader Schumer for giving this working group additional time after the mid-term elections to reach compromise language that enjoys broad bipartisan support in the Senate, which can overcome a filibuster.
According to the Human Rights Campaign and a recent Gallup poll, 71 percent of Americans now support marriage equality, compared to only about 27 percent in 1996, when President Clinton signed the Defense of Marriage Act--DOMA.
As Senators Baldwin and Collins recently wrote in a compelling op-ed: ``Individuals in same-sex and interracial marriages need, and should have, the confidence that their marriages are legal. These loving couples should be guaranteed the same rights and freedoms of every other marriage . . . This legislation has earned bipartisan support in Congress because it grants same-sex and interracial couples the certainty that they will continue to enjoy the same equal treatment under federal law as all other married couples. . . . [W]e should be able to agree that same-sex and interracial couples, regardless of where they live, both need and deserve the assurance that their marriage will be recognized by the federal government and that they will continue to enjoy freedoms, rights and responsibilities that come with all other marriages.''
This legislation has three major components. First, this legislation would formally repeal the Defense of Marriage Act--DOMA--of 1996. Section 2 of DOMA purports to allow States to refuse to recognize valid civil marriages of same-sex couples. Section 3 of the law carved out all same-sex couples, regardless of their marital status, from benefitting from any Federal statutes, regulations and rulings applicable to all other married people. This provision denied same-sex couples roughly 1,100 Federal benefits and protections.
Second, the legislation establishes that ``place of celebration'' is the standard of recognition for Federal benefits of a same-sex marriage, in terms of recognizing a marriage as legal if valid in the State it was performed. The legislation would also guarantee Federal marriage benefits if a State rescinded same-sex marriage recognition.
Third, this legislation guarantees that legal marriages are given full faith and credit by every other State. Article IV, section 1 of the Constitution provides that ``full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state, and the Congress may be general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.'' This section of the legislation additionally gives the Attorney General enforcement authority to carry out its provisions and creates a private right of action for any harmed individual.
The compromise language in the Senate measure clarifies that it will have no adverse impact on religious liberty and conscience protections. The revised legislation would explicitly protect all religious liberty and conscience protections available under the Constitution or Federal law, including but not limited to the Religious Freedom Restoration Act. The amendment clarifies that nonprofit religious organizations will not be required to provide any services, facilities, or goods for the solemnization or celebration of a marriage.
President Biden is absolutely correct when he stated: ``The right to marriage confers vital legal protections, dignity, and full participation in our society. No person should face discrimination because of who they are or whom they love, and every married couple in the United States deserves the security of knowing that their marriage will be defended and respected.''
The Biden administration supports passage of this
legislation, stating that ``H.R. 8404 would repeal the
Defense of Marriage Act, an unconstitutional and
discriminatory law, and would enshrine the right to Federal
recognition of marriage for same-sex and interracial couples.
This legislation would strengthen civil rights, and ensure
that the promise of equality is not denied to families across
the country.''
The Senate should pass this legislation and send it to the
House for its consideration and
passage in December. I am hopeful that President Biden will
sign this legislation into law before the 117th Congress
adjourns sine die. This would be another major bipartisan
accomplishment for this Congress and mark an important step
forward on our unfinished march for civil rights, as we
strive to form a more perfect union, establish justice, and
guarantee equal rights and equal justice under the law for
all Americans.