‘Defended and respected’: Biden backs bill codifying Supreme Court marriage precedents

President Joe Biden’s administration has expressed support for congressional efforts to codify the Supreme Court rulings legalizing gay and interracial marriage.

The Respect for Marriage Act, otherwise known as H.R. 8404, would strengthen civil rights and ensure marriage equality across the country, according to Biden’s Office of Management and Budget.

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“The right to marriage confers vital legal protections, dignity, and full participation in our society,” OMB said in a statement of policy. “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 bill, introduced by Rep. Jerry Nadler (D-NY) and co-sponsored by the likes of Sen. Susan Collins (R-ME), would repeal the Defense of Marriage Act and enshrine the right to federal recognition of same-sex and interracial marriages.

The legislative push comes in response to the Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling overturning Roe v. Wade. While Justice Samuel Alito, the majority opinion’s author, explicitly wrote, “Our decision concerns the constitutional right to abortion and no other right,” Justice Clarence Thomas suggested the court “should reconsider” its rulings regarding “substantive due process precedents,” including contraception access, gay relationships, and same-sex marriage, in his concurring opinion.

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It is uncertain whether the measure has the 10 Republican votes needed for it to pass the Senate. Senate Minority Whip John Thune (R-SD) told Axios, “It’s hard to say.” “I haven’t looked at them,” he said. “I haven’t even given any thought to that.”

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