Mr. President, I want to begin by thanking and recognizing the House Judiciary chairman, Jerry Nadler, and the entire House Equality Caucus for introducing the House bill and starting up this effort. This legislation passed the House of…
Mr. President, I want to begin by thanking and recognizing the House Judiciary chairman, Jerry Nadler, and the entire House Equality Caucus for introducing the House bill and starting up this effort.
This legislation passed the House of Representatives with a strong bipartisan vote of 267 to 157, with all Democrats and 47 Republicans supporting the bill.
I also want to extend my heartfelt appreciation for my Senate colleagues who have worked tirelessly to get us up to this point. I want to thank the lead sponsor of the bill, Senator Feinstein, and also thank and recognize the hard work and effort of Senator Collins, Senator Portman, Senator Sinema, and Senator Tillis for their steadfast commitment. We couldn't be where we are right now without their efforts.
I also want to thank the staff of all of these offices for the long hours and hard work that went into this legislation, including my own counsel, Becca Branum, and my chief of staff, Ken Reidy.
Lastly, I want to thank all of the advocates who have fought for marriage equality for decades.
We are on the cusp of a historic vote in the Senate because of everybody's efforts.
I decided, in thinking about what I wanted to share today, that I wanted to put a face on this debate; actually, more accurately, three faces.
Let me introduce you to my dear friends Margaret, Denise, and their daughter Maria, and just tell you a little bit about them and then how this underlying issue impacts them.
The marriage and long partnership that my dear friends Denise and Margaret share began in Oklahoma in 1981. They were there as organizers, working to pass the Equal Rights Amendment in that State. They were organizing support for the ERA so that we might add a few simple words to the U.S. Constitution, specifically, ``Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.''
That they met one another during a struggle for social justice surprised no one who knew either Denise or Margaret, for, really, the pursuit of equality and equity and justice has defined each of them as individuals as well as life partners.
Their professional and personal lives and the movements for women's rights, LGBTQ rights, educational equity, affordable housing, economic justice--they are all inextricably linked.
Their first date occurred in December of 1981 over coffee in Oklahoma City. And as that ERA campaign came to an unsuccessful close in 1982, they chose to move together to Madison, WI. I vividly recall meeting them shortly thereafter in the autumn of 1984.
Denise hailed from Milwaukee, WI--this is Denise--Margaret, from Webster City, IA. They were incredibly and are incredibly committed to one another, but they also determined, as they got a little older, that something was missing. Actually, I want to say someone was missing. Denise's and Margaret's journey to find that someone was arduous. Yet they never gave up.
In 2003, after working with an adoption agency for many years, Denise received a video of their daughter, this lovely, brown-eyed Maria. And the family you now see here--this is, actually,
several years old. Maria is now a sophomore at the University of Wisconsin, Madison campus, so a little bit dated. But I wanted to put a face or a series of faces on this because it is such an all-American family and an all-American story.
But as everyone knows about the debate we are about to enter, marriage was not an option for Margaret and Denise until after the Obergefell decision. The things that most married people take for granted are things that couples like Margaret and Denise had to think about and had to figure out how do they protect one another, how do they protect their family.
We often think, when we think about marriage, of the wedding and the ceremony and the celebration, but we don't often think about the hundreds upon hundreds of rights and responsibilities that civil marriage confers upon couples.
Margaret and Denise were telling me about their recollection of when the city of Madison passed a domestic partnership ordinance allowing them to register. And when that happened, for the first time, they could be on one another's health insurance. That is something that married couples kind of take for granted--that they could have one another on their health insurance. They had to think a lot about what they would do in an emergent situation where one might be in the hospital because without marriage, you are technically legal strangers. And, literally, if Margaret were in the hospital after an accident, for example, Denise, without having the appropriate papers--a healthcare power of attorney--would be viewed as a legal stranger and potentially denied access.
Adoption is something that has made many a family in the United States. Yet prior to marriage rights, Denise and Margaret had to make a choice of only one who would have the official adoption, but then they had to go through a whole bunch of legal rigamarole, if you will, so that Margaret, if need be had to go to a parent-teacher conference or to pick Maria up at school, had some documentation at the school that she, too, was a parent.
Estate planning, you have to think about that. You had to think about that intently prior to marriage rights being conferred.
I wanted you to get a quick chance to meet Margaret and Denise and Maria because they reflect the experiences of literally tens of millions of people in the United States. It is why the Obergefell decision was so key.
I want to switch to focus on why it is so critical that we adopt the Respect for Marriage Act--because Obergefell right now is the law of the land, but there is great concern that that legal precedent could be in jeopardy.
Some of my colleagues have questioned the urgency and maybe even the necessity of passing the Respect for Marriage Act. Some have asserted that there is no threat to these rights in America. Some have said that there is no case currently making its way up to the U.S. Supreme Court challenging these rights so there is nothing really to worry about. Others have suggested that proponents of the Respect for Marriage Act are raising the issue just to drive further divisions among Americans.
I believe that there is an urgency to pass the Respect for Marriage Act in order to heal such divisions and provide certainty to married interracial and same-sex couples that the protections, rights, and responsibilities that flow from their marriages will endure.
Right now, millions of Americans--our family members, our neighbors, our congressional staff members, and, certainly, our constituents--are scared; scared that the rights they rely upon to protect their families could be taken away. And they are scared for good reason.
Let's face it. Regardless of your position on the issue of abortion, the highest Court of the land has just overturned a precedent of nearly 50 years. There is no questioning that. And the same legal arguments that the Supreme Court rested upon to reverse Roe v. Wade could just as easily be applied to reverse numerous other cases related to families, related to intimate relations, to contraception, and marriage.
In the wake of the Supreme Court's decision to overturn Roe v. Wade, in the Dobbs case access to abortion care or denial of such care has been left in the hands of the States. By the way, in Wisconsin, we are subject to a criminal abortion law that was passed in 1849, 1 year after Wisconsin became a State and before women had the right to vote and certainly before women served in the legislature that serves to rule upon their rights.
There are landmark cases related to marriage that could be threatened should the Supreme Court consider cases challenging those earlier decisions. One such case is Loving v. Virginia, which was decided in 1967. The Supreme Court ruled in Loving that State laws prohibiting interracial marriage were unconstitutional based upon the equal protection and due process clauses of the 14th Amendment and its liberty provisions. At the time of the Loving decision, 16 States had laws banning interracial marriage. And you might be surprised to learn that it took until the year 2000 for the last State to repeal the law on its books banning interracial marriage.
Another landmark case relates to same-sex marriage. In Obergefell v. Hodges, the Supreme Court decided in 2015 that the equal protection and due process clauses of the 14th Amendment prohibit States from outlawing and refusing to recognize same-sex marriages.
Some 35 States across the country prohibit same-sex marriage in their laws, constitutions, or both. And the so-called Defense of Marriage Act that bars Federal recognition of same-sex marriages and was ruled unconstitutional by a narrow 5-4 Supreme Court--that law is still on the books.
Given this landscape, it is not unreasonable for same-sex and interracial couples to be fearful that the protections of their marriages are in real jeopardy. The fact that the constitutional principles of liberty, privacy, self-determination, and equal treatment under the law, upon which Roe v. Wade was originally decided, are the same constitutional principles on which the Loving and Obergefell cases were decided makes the Supreme Court's reversal of Roe v. Wade all the more shocking and frightening to those in interracial and same-sex marriages.
Several of my colleagues have maintained that, even if the Court may someday revisit these cases, there is no urgency right now since there is no case challenging interracial or same-sex marriage that is currently making its way up to the Supreme Court. But think about today's world. Given the Supreme Court's use of procedural mechanisms like cert before judgment or use of a shadow docket, cases often reach the Supreme Court faster than ever before.
And when it comes to the merits, one needs to pay attention to the concurring opinion of Justice Clarence Thomas in the Dobbs decision. In his opinion, Justice Thomas explicitly said that the rationale used to overturn Roe v. Wade should be used to overturn cases establishing rights to contraception, same-sex consensual relations, and same-sex marriage. He was essentially providing an open invitation to litigators across the country to bring their cases to the Court, inevitably instilling fear among millions of Americans.
The Supreme Court should not be in a position to undermine the stability of families with the stroke of a pen. So now Congress must act, and Congress is acting with a full-throated endorsement from the American people. More than 70 percent of Americans support marriage equality, including a majority of Democrats, Republicans, and Independents.
This legislation unites Americans. With the Respect for Marriage Act, we can ease the fear that millions of same-sex and interracial couples have that their freedoms and their rights could be stripped away. By passing this bill, we are guaranteeing same-sex and interracial couples, regardless of where they live, that their marriage is legal and that they will continue to enjoy the rights and responsibilities that all other marriages are afforded. And this will give millions of loving couples the certainty, the dignity, and the respect that they need and that they deserve.
For my dear friends Margaret and Denise and their daughter Maria, passing this legislation will remove the weight of the world from their backs. While they worry just like the rest of us about the cost of living and staying
healthy and saving for retirement, passing this bill will take away a worry that someday their marriage might be on the chopping block at no fault of their own.
By the way, I think I failed to mention it, but I was so honored back in December of 2018 to be a copresider at their wedding. The wedding took place 37 years after they first met and became a couple, and it happened on Maria's Sweet Sixteen birthday.
But for the millions of other Americans in same-sex and interracial marriages, this shows that the American Government and people see them and respect them.
With that, I encourage all of my colleagues to vote yes on the motion to proceed to the Respect for Marriage Act and to help come together to move our country forward.
I yield the floor.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
I ask unanimous consent that the vote previously scheduled for 3:15 p.m. be called immediately.
Cloture Motion