Rep. Cleaver, House of Representatives Vote to Protect Marriage Equality Nationwide

Press Release

Today, U.S. Representative Emanuel Cleaver, II (D-MO) voted in favor of H.R. 8404, the Respect for Marriage Act, to enshrine marriage equality and protections for same-sex and interracial couples into federal law. The bipartisan bill, which would codify the protections afforded under the Supreme Court's Obergefell and Loving decisions, passed the House of Representatives by a vote of 267-157.

"At a time when gerrymandered state legislatures are passing extreme laws to criminalize reproductive care and Republicans in Congress are openly calling for the Supreme Court to strike down Obergefell, Loving, and other decisions that prevent government intrusion into Americans' private affairs, it is essential that Congress take immediate action to protect these fundamental rights, including the right to marriage equality. That's precisely what the House of Representatives and I have been working to do since the disastrous Dobbs decision was announced," said Congressman Cleaver. "America has come way too far since the days where interracial and same-sex marriage were banned by law, and I find it gob smacking that the GOP is trying to revive these debates from the dark ages. We can't, and won't, turn back now."

While marriage equality remains constitutionally protected, the legal logic used in Dobbs v. Jackson Women's Health Organization to justify overturning the right to reproductive freedom could be used in the future to threaten other fundamental rights, including the right to marriage equality. Justice Clarence Thomas explicitly called
on the Supreme Court to reconsider its previous decisions protecting other constitutional rights, including the right to same-sex marriage recognized in Obergefell. Additionally, Republican senators have voiced their support for the Supreme Court's reconsideration of Obergefell and Loving.

The Respect for Marriage Act would:

Enshrine marriage equality into federal law by requiring, for federal law purposes, that an individual be considered married if the marriage was valid in the state where it was performed. This gives same-sex and interracial couples additional security that they will continue to enjoy equal treatment under federal law as all other married couples.
Repeal the discriminatory Defense of Marriage Act, which was effectively, but not literally, struck down with the Supreme Court's landmark decisions in United States v. Windsor and Obergefell, holding that marriage equality was a constitutional right. However, this unconstitutional and discriminatory law still officially remains on the books, and the Respect for Marriage Act would repeal the statute once and for all.
Provide additional legal protections from those seeking to undermine marriage equality by prohibiting any person acting under color of state law from denying full faith and credit to an out-of-state marriage based on the sex, race, ethnicity or national origin of the individuals in the marriage. The bill also provides the U.S. Attorney General with the authority to pursue enforcement actions and creates a private right of action for any individual harmed by a violation of this provision.

The Respect for Marriage Act is supported by the ACLU, Center for American Progress, Equality Federation, Family Equality, Freedom for All Americans, GLAAD, Human Rights Campaign, National Black Justice Coalition, National Center for Lesbian Rights, National Women's Law Center and more.

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