WASHINGTON, July 19 (Reuters) – The U.S. House of Representatives on Tuesday passed a bill protecting gay marriage rights after the Supreme Court’s decision to overturn Roe v. Wade threatened similar precedents protecting same-sex rights and contraception.
The bill, which passed the Democratic-controlled House by a vote of 267-157 with the support of 47 Republicans, establishes federal protections for gay marriage and prohibits anyone from denying the validity of a marriage based on the couple’s race or gender.
It will now go to the Senate for a vote, where it faces unclear chances in the evenly divided chamber. House Republicans were told to vote their conscience by party leadership, which did not oppose the bill.
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House Judiciary Committee Chairman Jerrold Nadler sponsored the bill after the federal right to abortion was struck down when the Supreme Court overturned its landmark 1973 Roe v. Wade decision.
In a concurring opinion, Justice Clarence Thomas said the court should also review its previous decisions guaranteeing access to contraception and the right to gay marriage since 2015 because they relied on the same legal arguments as Roe.
Pride flags are used to celebrate Pride Month at the Stonewall National Monument in Christopher Park, adjacent to The Stonewall Inn, in the Greenwich Village area of New York, New York, U.S., June 23, 2021. REUTERS/Brandon McDermid
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Some Republicans in Congress echoed Thomas’ arguments. Republican Sen. Ted Cruz said Saturday that the high court “clearly erred” in establishing a federal right to gay marriage.
Democrats have argued that Congress should include the right to gay marriage in federal law in case the court reconsiders its previous rulings.
“The rights and freedoms we cherish will disappear in a cloud of radical ideology and dubious legal arguments,” Nadler said in a statement Monday.
Under the House bill, states could still restrict gay marriage if the Supreme Court reverses its previous ruling. But such states would be required to recognize marriages performed in states where they remain legal.
The House will vote Thursday on a bill to guarantee national access to contraception, another right Thomas suggested the court review.
Democrats hope the bills will contrast with Republicans ahead of the Nov. 8 midterm elections, in which rising inflation is a challenge to Democratic majorities in the House and Senate.
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Reporting by Rose Horovich and Moira Warburton; editing by Jonathan Oatis and Leslie Adler
Our standards: The Thomson Reuters Trust Principles.
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