House gives final passage to marriage bill, as Bice cites religious liberty concerns

The House gave final passage on Thursday to legislation protecting same-sex and interracial marriage in federal law and sent the bill to President Joe Biden for his signature.

The vote was 258 to 169, with all Democrats and 39 Republicans in favor. All five Oklahomans in the House, all Republicans, voted against. The Senate approved the bill last week after adding protections for religious objections. Both of Oklahoma’s senators voted against it.

“The Respect for Marriage Act takes key steps to uphold marriage equality under federal law,” House Speaker Nancy Pelosi, D-Calif., said after the vote. “This is what we're celebrating: Tearing down the Defense of Marriage Act, taking it off the books for good; enshrining married couples’ right to equal protection; requiring that every state recognize all valid marriages out of state as long as it is recognized in theirs, in the state of their marriage. The legislation reflects Democrats’ belief in the dignity, beauty and divinity of every person.”

Rep. Stephanie Bice, R-Oklahoma City, said, “I have tremendous respect for individuals and the decisions they make in their personal relationships.

“Without the adoption of additional amendments in the House or Senate, this legislation withholds key protections for religious communities, charities, and individuals. Had this legislation contained comprehensive protections for all Americans with deeply held religious beliefs, I would have supported it.

“It is paramount that every individual is shown respect and compassion while also being given equal protection under the law.”

In an interview earlier this week, Rep. Tom Cole, R-Moore, cited religious liberty questions and the process the legislation went through for his opposition. House Democratic leaders did not hold any hearings or allow any Republican amendments, Cole said, in contrast with the Senate, where Republican amendments on religious liberty were considered.

Asked whether he opposed same-sex marriage, Cole said, “No, this is much more a process argument …  The process here has just been awful. And I think there are religious liberty concerns. This bill is better than the one we did before. The Senate certainly improved it. But there are still a lot of concerns.”

The U.S. Supreme Court ruled in 2015 that state laws banning same-sex marriage violated the equal protection rights of same-sex couples. However, the court’s decision this year to strike down its abortion precedents has led to concern that the justices may review other precedents recognizing rights that aren’t specifically enumerated in the Constitution.

Biden said Thursday, “After the uncertainty caused by the Supreme Court’s Dobbs decision, Congress has restored a measure of security to millions of marriages and families. They have also provided hope and dignity to millions of young people across this country who can grow up knowing that their government will recognize and respect the families they build.”

The Respect for Marriage Act requires states to recognize marriages from any other state and prohibits state officials from denying the full faith and credit of marriages from other states based on sex, race, ethnicity or national origin.

It would also repeal the Defense of Marriage Act, passed by Congress in 1996, which defined marriage as between a man and a woman and denied federal benefits to married gay couples. The U.S. Supreme Court ruled the law unconstitutional in 2013, and it has not been enforced since, but lawmakers have not removed it from the books.

The court’s decision in 2015 that made same-sex marriage a right has led to legal disputes over religious liberty. Justices heard arguments in a case this week involving a Colorado web designer who doesn’t want to work for same-sex couples.

Some lawmakers, including Oklahoma Sen. James Lankford, have warned that faith-based groups with government contracts, including ones for social services, could be sued under the legislation if they refuse to work with same-sex couples.

Biden said the bill “will give peace of mind to millions of LGBTQI+ and interracial couples who are now guaranteed the rights and protections to which they and their children are entitled.”

This article originally appeared on Oklahoman: House sends marriage bill to Biden with no Oklahoma support