The Slippery Slope of Overturning Roe v. Wade
All 220 United States House Democrats, along with 47 Republicans, voted to approve legislation to protect the rights to same-sex and interracial marriage, in the Respect for Marriage Act which passed on July 19. Although 157 Republicans voted against it, this legislation is the most pro-LGBTQIA+ vote in Congressional history.
If passed by the Senate, this legislation will pre-empt future attempts by the United States Supreme Court to take away the right to same-sex or interracial marriage. The Respect for Marriage Act would prevent state discrimination related to marriage based on sex, race, ethnicity or national origin. It would also repeal the Defense of Marriage Act, passed under the Clinton Administration, which was later found to be unconstitutional by the Supreme Court. In 1996, the Defense of Marriage Act (DOMA) defined marriage as between a man and woman. The Respect for Marriage Act would require all states and the federal government to recognize same-sex and interracial marriages that were lawfully granted in a particular state.
The overturning of Roe V. Wade has incited fear in all of us. Why is the Respect for Marriage Act needed? Although historically, abortion access has been framed as a heterosexual-cisgender issue, abortion access is also an LGBTQIA+ rights issue. The right to abortion is a fundamental question of bodily autonomy which applies to everyone. One of the core tenets of Roe V. Wade is the right to privacy, the freedom to make “intimate and personal choices” that are “central to personal dignity and autonomy.”
It is important for people of faith to speak on this issue because God and faith are often used in public discourse to support anti-abortion laws and perspectives. Here is the thing, this is not an easy conversation and most people who have abortions do so with a lot on their minds and hearts. As people of faith we want to acknowledge choice as a gift from God and we want to live in a world where a narrow faith perspective isn't used to legislate people's lives.
We are also leaning in because Supreme Court Justice Samuel Alito mentioned two cases that rely on the right to privacy and autonomy: Lawrence v. Texas and Obergefell v. Hodges. Lawrence v. Texas is a 2003 case that established that criminal punishment for gay sex are unconstitutional. Obergefell v. Hodges, is a 2016 ruling that established the right to same-sex marriage as constitutionally protected.
Making abortion illegal will not stop people from having abortions. People will continue to have abortions. People will also continue to have gay sex. It is up to the community, the people, to keep us protected, safe and free.
Following the Roe V. Wade decision, Supreme Court Justice Clarence Thomas in Dobbs V. Jackson wrote in Dobbs V. Jackson that the court should revisit the opinion of Obergefell v. Hodges, which guaranteed nationwide same-sex marriage rights.
The Respect for Marriage Act now goes to a split Senate. To get out of the Senate, the Act would require 60 votes for passage. To make that threshold, 10 Republican, or GOP, senators would have to join all 50 Democrats in agreeing to let the bill come to a vote. Once that happens, 60 senators need to vote yes for the bill to pass. This is a very steep hill to climb.
If the Supreme Court overturns Obergefell v. Hodges, the Respect for Marriage Act would not stop states from refusing to issue a marriage license to a same-sex couple. However, the federal government would be required to respect existing marriages. According to USA Today, there are more than 500,000 same-sex married couples in the United States.
With the recent increase in anti-LGBTQIA+ legislation by states, we invite you to also join our call to the U.S. Congress to pass the Equality Act. This act would provide explicit and comprehensive nationwide nondiscrimination protections for LGBTQIA+ people and update protections for all women and people of color. Sign a petition from the ACLU urging Congress to pass the Equality Act. Join our LGBTQIA+ Issue Team to help build power and to raise our voices together to support same-sex marriage and to work for passage of the Equality Act. Connect with Kwyn Townsend Riley, CRS Bayard Rustin Fellow.