Rep. Stansbury Votes To Defend Same-Sex, Interracial Marriage Following Supreme Court Rulings

Statement

Today, U.S. Representative Melanie Stansbury (N.M.-01) cosponsored and voted to pass legislation to protect the marriage rights of same-sex and interracial couples and repeal the discriminatory Defense of Marriage Act (DOMA). The Respect for Marriage Act (H.R.8404) has been brought to the House floor in response to recent U.S. Supreme Court decisions rolling back major constitutional rights and protections for the first time in modern history.

While marriage equality still remains constitutionally protected, the Supreme Court's majority decision in Dobbs v. Jackson Women's Health Organization overturning Roe v. Waderelied on arguments that could threaten other fundamental rights, including the right to marriage equality. In a concurring opinion in Dobbs, Justice Clarence Thomas explicitly cited decisions protecting other fundamental rights, including the right to same-sex marriage recognized in Obergefell v. Hodges.

"Americans' fundamental rights are under attack by a renegade Supreme Court--including not only abortion, but marriage equality, contraception, and other rights," said Rep. Stansbury. "We cannot allow an extreme Supreme Court majority to send us generations backwards. I am proud to cosponsor and vote to pass the bipartisan Respect for Marriage Act to protect the rights of same-sex and interracial couples to marry and enshrine marriage equality in federal statute. Every person should be able to marry the person they love and have the certainty that their families and their rights will be protected."

The Respect for Marriage Act:

Repeals DOMA. The Supreme Court effectively rendered DOMA inoperative with its landmark decisions in United States v. Windsor and Obergefell. This unconstitutional and discriminatory law, however, still officially remains on the books. The bill would repeal this statute once and for all.

Enshrines Marriage Equality for Federal Law Purposes. The bill requires, 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 certainty that they will continue to enjoy equal treatment under federal law as all other married couples--as the Constitution requires.

Provides Additional Legal Protections from Individuals Seeking to Undermine Marriage Equality While Acting Under State Law. The bill prohibits 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, provides the 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.

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