The final vote was 267-157, with 47 Republicans joining every Democrat in the majority. Notable among those conservatives was Rep. Liz Cheney of Wyoming — in a break from her previous stance on the issue, which put her publicly at odds with her parents and sister, who is gay. In 2021, Cheney reversed her opinion and said, “I was wrong.” (By contrast, House Minority Leader Kevin McCarthy, R-Calif., voted no on the legislation on Tuesday.) Rep. Jerry Nadler, DN.Y., began debate on the bill — The Respect For Marriage Act — that would prevent state marriage-related discrimination based on “sex, race, ethnicity or national origin.” It would also repeal the Defense of Marriage Act, which was ruled unconstitutional by the Supreme Court. The legislation, Nadler said, “would reaffirm that marriage equality is and must remain the law of the land.” “Congress should provide additional assurance that marriage equality is a matter of settled law. All married people who build their lives together need to know that the government must respect and recognize their marriage forever,” Nadler continued. . Concern among some lawmakers and advocates about the legal fate of same-sex marriage intensified after Justice Clarence Thomas concurred in the Supreme Court’s ruling in Dobbs v. Jackson, which overturned Roe last month. In his separate opinion from the majority, Thomas wrote that the court should next reconsider its opinion in Obergefell v. Hodges from 2015, which guaranteed same-sex marriage nationwide. While the court’s majority took pains to note that its decision to overturn Roe should not be taken as an indication of future decisions, Thomas’ separate opinion raised concerns among gay marriage advocates. House Democrats have passed multiple bills to codify rights not enshrined in the Constitution but granted — at least for a time, in Roe’s case — by Supreme Court rulings. “The extreme Supreme Court decision that ignores precedent in Dobbs v. Jackson has shown us why it is important to ensure that federal law protects those whose constitutional rights may be threatened by Republican-controlled state legislatures,” said House Majority Leader Steny Hoyer. announcement on Monday. After Nadler introduced the marriage bill on Tuesday, Rep. Jim Jordan, R-Ohio, called the proposal an attempt to “intimidate” the Supreme Court and said the threat to same-sex marriage was a “manufactured crisis” — blaming Democrats for using the legislation as a political tool. “Democrats can’t claim their disastrous record, they can’t claim any accomplishment less than four months before the election,” Jordan said. Both he and Texas Republican Rep. Mike Johnson said there was no need for the bill. Nadler pushed back against the idea that Obergefell had become entrenched and that the bill was unnecessary. “If this ruling is not overturned, this bill is unnecessary but harmless. If this ruling is overturned, this bill is critical — and we don’t know what this court is going to do,” he said. The Supreme Court is seen as arguments for Masterpiece Cakeshop v. Colorado Civil Rights Commission are heard on December 5, 2017 in Washington, DC Brendan Smialowski/AFP via Getty Images House Minority Republican Steve Scalise said at a news conference Tuesday morning that Republicans would be free to make their own decision on the bill — reflecting, in part, how the politics surrounding of the issue has changed for the GOP in the seven years since Obergefell. Polls show Americans increasingly support same-sex marriage. “Each member obviously will have to cast their own vote on this,” Scalise said. In a show of Republican support for the bill, New York Rep. Nicole Malliotaki showed her support shortly before the debate began. “Today, I will vote to codify same-sex marriage to ensure that our fellow Americans continue to have the right to equal marriage and benefits under federal law,” Malliotakis said in a statement after regretting an earlier vote against legalizing same-sex marriage in New York while serving in the state Assembly. Once approved by the House, the bill moves to a divided Senate where Republican support is also possible if it splits. It is unclear if and when the upper chamber will take it up, given the other case and a looming recess. “I’ve made my support for same-sex marriage clear years ago. I’m going to look at what the House is doing and see what that might mean here on the Senate side,” Republican Sen. Lisa Murkowski of Alaska said Tuesday morning. He also cited the Supreme Court’s rulings in favor of abortion access and its decision guaranteeing contraception for married couples as rights he would like to see codified. (Democratic leaders in the House said this week they would also vote on a bill codifying access to contraception.) Sen. Bill Cassidy, R-La., criticized the Democrats’ framing of the same-sex marriage proposal but did not say how he would vote on it. “It’s obviously the law as it stands right now. This is a pure messaging bill from a party that has failed on substantive issues — whether it’s inflation, crime or [southern] borders and now we are looking for cultural issues to do better in November,” he said. Sen. John Thune, RS.D., said the marriage bill will likely garner a “mixed bag” of Republican votes. The proposal was introduced Monday by a bipartisan group, including Republican Sen. Susan Collins of Maine. ABC News’ Gabe Ferris and Trish Turner contributed to this report.
