Congress Steps Up to Save Marriage Equality
For decades, the United States Congress has failed to act decisively on major social and public health issues such as reproductive rights, gun control, and marriage equality. That needs to change. The recent trio of rulings from the Supreme Court (overturning Roe v. Wade, striking down a conceal carry gun law, and restricting EPA’s authority to regulate) highlights this inaction.
A thought-provoking piece in Forbes last winter explains how a functioning legislature could be a solution to the Supreme Court’s increased partisan rulings. The author wrote:
“If Congress performed its job as the legislative body envisioned in the Constitution, it would take the lead on the many contentious and consequential decisions now currently presided over by the judiciary. Such a transfer of responsibility would remove many of the high-profile cases that end up before the Court and concomitantly reduce the amped up stakes associated with each judicial nomination.”
The author continued:
“The Founding Fathers positioned Congress as the engine of the federal government. Yet, in its current state of paralysis, it has unwittingly empowered the judiciary and in doing so, has placed the onus on the justices to serve as the final arbiter of many policy choices best left to legislators. The return of a functional legislative branch won’t only a go a long way in advancing American democracy, it will also diminish the Court’s role in American life and the political rancor attached to its decisions.”
Maybe Congress is finally starting to realize this.
On July 19, the U.S. House of Representatives passed a bill in an effort to protect marriage equality after Justice Clarence Thomas suggested that the Supreme Court should reverse the Court’s same-sex marriage ruling, Obergefell v. Hodges. The legislation passed is titled the Respect for Marriage Act. All Democrats voted in favor of it, and 47 Republicans joined. The bill passed the House in a 267-157 vote.
The proposed legislation would repeal the Defense of Marriage ACT (DOMA), which former President Bill Clinton had signed into law. DOMA restricted the definition of marriage to “a legal union between one man and one woman as husband and wife.”
Not only would the newly proposed Respect for Marriage Act repeal this, it would also direct the federal government to recognize same-sex marriages and would require all states to recognize same-sex marriages that were performed in other states. This essentially would provide protection to same-same couples in the event that the Supreme Court should reverse its decision in Obergefell leading some states to try to nullify the marriages between same-sex couples.
Originally, it was thought that the bill would be unlikely to pass in the Senate. But recent reports suggest otherwise. It is now believed that there are at least 10 GOP votes to break a filibuster in the Senate and pass the legislation. Republican Senator Ron Johnson of Wisconsin is one of them. He explained that he believes the law is completely unnecessary, but he would support it nevertheless because “[p]rior to Obergefell v. Hodges Supreme Court decision on gay marriage, [he] supported civil unions . . . After Obergefell, [he] considered the issue settled.”
Not coincidentally, Wisconsin Senator Ron Johnson is the most vulnerable Senate Republican on the ballot this year and has an incentive to appeal to a broader base of voters. To win reelection he will need to capture more independent voters in Wisconsin. Supporting this legislation may be a way for him to do just that. According to a new Gallup poll, support for same-sex marriage reached a new high level of support of 71%. Senator Johnson’s support of this legislation may be a sign that other Republicans in the Senate also will be inclined to support the law to avoid losing independent and moderate voters.
Interestingly, the legislation is co-sponsored by Wisconsin’s other Senator, Democrat Tammy Baldwin. Senator Baldwin is the nation’s first openly gay U.S. Senator. (That Senators Baldwin and Johnson represent the same state is fascinating and probably worth a completely separate blog post. There are only a handful of states that have a senator from each side of the aisle. And Wisconsin is one. Even more uncommon, Senator Baldwin is one of the most liberal members in the Senate and Senator Johnson is one of the most conservative members. It is difficult to imagine a more different pair of senators. Yet, the same constituents voted them into office, and did so twice!) Senator Baldwin is co-sponsoring the Respect for Marriage Act with two Republicans; Senator Susan Collins, Maine, and Senator Rob Portman, Ohio, have joined with her as co-sponsors of the legislation.
If the United States Congress can pass a law codifying same-sex marriage, then perhaps it can also make progress on abortion rights, gun control, and other important issues. It is time for the Congress to make laws and establish policies to address the problems of our time.
Estelle Gerber is a high school senior from Towson, Maryland. She loves reading about politics, science, technology, and the intersection of all of these areas. While going to Towson High School, Estelle keeps busy by competing on her school’s Model Congress Team, working as the managing editor for her school’s literary arts magazine, and playing on the soccer team. When Estelle is not doing all of that, you can probably find her playing pickup soccer or basketball, creating embroidery designs of her favorite foods, and challenging her friends to highly competitive GamePigeon duels.Estelle intends to study political science, English, and anything else that looks interesting in college.