House Democrats pushed for a vote last week on a bill to legalize same-sex marriage and more. The House passed the “Respect for Marriage Act” RMA 267-157.
47 Republicans voted yes. The Senate might vote in two weeks. If enough Republicans join Democrats to overturn a filibuster, President Biden might sign it before 2022 ends.
The RMA wants to abolish the 1996 Defense of Marriage Act (DOMA), which recognized marriage as a one-man-one-woman union and protected states that did the same.
So what? DOMA was dismantled by Windsor (2013) and Obergefell (2015). In the latter ruling, they overturned the federal concept of marriage and required states to accept same-sex marriage.
Every state allows same-sex marriage. Why are Democrats pushing this bill?
At a moment of record-high inflation, an opioid death epidemic, a war in the EU, surging crime in cities, and illegal immigration pouring through our southern frontier, why waste time defending same-sex marriage?
The Respect for Marriage Act would repeal the discriminatory Defense of Marriage Act (DOMA), guarantee the federal rights of marriages in the federal code, and affirm that public acts proceedings – like adoption orders – should be recognized by all states.
— Human Rights Campaign (@HRC) July 26, 2022
Clarence Thomas
Democrats blame Clarence Thomas for this misdirection.
In June, Justice Thomas proposed the court reexamine its use of “substantive due process” in instances like Obergefell. Some believe a forthcoming court could take Thomas’ lead and revert marriage to the states.
The rationale is weak. In his majority Dobbs statement, with which Thomas agreed, Justice Alito said the ruling did not affect Obergefell and other precedents not involving unborn life.
Conservatives aren’t protesting Obergefell. No judicial case could overturn the 2015 ruling.
Why the “Obergefell in danger” publicity? “Political panic” Democrats anticipate a November rout.
RMA aims to energize the liberal base and compel Republicans in liberal districts to vote awkwardly. A “no” vote could infuriate swing voters. A yes vote might demoralize GOP voters.
RMA repeals DOMA and more. It creates a private right of action. It empowers campaigners to sue anyone who believes matrimony is between one man and one woman “under state law.”
The Supreme Court stated that private parties participating in a joint operation with a state may function “under color of state law.”
A lawsuit may be filed against religious child care and adoption services if they perform state child placement tasks. Philadelphia banned religious foster care workers for these reasons.
It’s not a matter of if activists will try suing religious organizations but how frequently.
The law would give the IRS “national policy grounds” to revoke tax-exempt status from religious nonprofits that support traditional marriage.
House passed H.R. 8404 “Respect for Marriage Act” and efforts are now underway in senate; 10 republican votes are needed for filibusterer proof majority. if passed, the irs would be allowed to strip 501(c)(3) from entities that adhere to marriage as between one man and one woman.
— Mikhail Yakov Russellovich☦️🇷🇺 (@NoctLives) July 26, 2022
This bill comes as the government tries to reclassify sex under Title IX and Section 1557 of the ACA. It undermines federal law’s acknowledgment of gender disparities.
The law contains even more extreme notions than same-sex marriage. If even one county legalizes polygamy, the national government must recognize it as marriage.
This would affect welfare and parental rights laws, among others.
Divert Attention
The state values marriage and monogamy for this reason. The married couple’s family is society’s basic unit and when it’s strong, society benefits. When marriage decays, family and politics go along with it.
The government has no concern with romance, sexuality, etc. These are outside law and politics. Legal acceptance of traditional marriage isn’t prejudiced against singles or homosexual or lesbian persons.
Most support same-sex marriage. How many will consider it a make-or-break topic in the next election, especially since same-sex marriage is safe?
Some may buy into the Democrats’ scare tactics. The GOP base will undoubtedly regard this as a needless insult to religious people.
The Dems have laid a trap. They seek to recruit ten GOP senators to prevent a filibuster.
This article appeared in The Political Globe and has been published here with permission.
