House passes landmark legislation protecting same-sex marriage

The House gave final passage on Thursday to landmark legislation protecting same-sex marriage, in a bipartisan vote that reflects a remarkable shift in public opinion just over a quarter-century after Congress defined marriage as a union between a man and a woman.

The final vote was 258 to 169, with 39 Republican members joining every House Democrat in supporting the bill. One Republican, Burgess Owens of Utah, voted present.

The historic legislation, known as the Respect for Marriage Act, requires federal and state governments to recognize same-sex and interracial marriages, prohibiting them from denying the validity of a marriage legally performed in another state on the basis of sex, race or ethnicity.

During an emotional bill enrollment ceremony on Thursday, the House speaker, Nancy Pelosi, wiped tears from her eyes as she thanked the many lawmakers and advocates who made the legislation a reality.

Tammy Baldwin, the first openly gay person elected to the Senate, said the newly passed bill would provide reassurance to all LGBTQ+ citizens living in fear of having their marriages invalidated.

Despite support from some Republican lawmakers, most still opposed the legislation, calling it unnecessary. During the House debate over the bill, a number of Republicans criticized the proposal as an insult to religious liberty and a Democratic attempt to force liberal policies on more conservative states.

However, should Obergefell fall, the new law would not compel all 50 states to issue marriage licenses to same-sex couples nor does it stop states from moving to ban or limit same-sex marriages. In a concession to win Republican support, the measure also includes an exemption for religious organizations, guaranteeing that they would not be required to provide goods, services or accommodations for a celebration of a same-sex marriage, and that such a refusal would not jeopardize their tax-exempt status or other benefits.

Notably, the bill would also repeal the Defense of Marriage Act (Doma), which defined a marriage as the union between a man and a woman and denied federal benefits to same-sex couples. Though the supreme court struck down part of the law, it remained on the books.

While there was little question the bill would pass the Democratic-controlled House, proponents say its passage was not inevitable.