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After decades of fighting for the rights of the lgbtq+ communitythe United States Senate has approved a historic federal measure to protect same-sex marriagessending a strong message about the progress made by Congress and the country of stars and stripes.
The law guarantees the recognition of same-sex marriages across state lines and by the federal government. The approval came with the support of 62 senators, including 12 Republicans. A significant vote, demonstrating bipartisan support and revealing a filibuster-proof result.
It should be noted how much the trend on the issue has changed: since 2009, legislation on the subject had stalled in the Senate. The broad support for this proposal is remarkablealso because Congress has been very divided on other rights, such as abortion and minority voting.
Since the House also passed the bill, it will soon land on President Joe Biden’s desk. Once enacted, the law will repeal the Defense of Marriage Act of 1996, which defined marriage as a legal union between a man and a woman, and will require states to recognize same-sex marriages.
Since the 1990s, voices had been raised throughout the country in support of the issue. In 2003, Massachusetts became the first state to legalize same-sex marriage. In the meantime, however, then-President George Bush declared his opposition to the issue at the federal level. With the passing years, individual states have begun to overthrow past prohibitions and sanction marriage equality with new laws. Until today, when a provision has arrived ready to protect couples from potential Supreme Court decisions.
The bogeyman of the Supreme Court
The right to same-sex marriage had been enshrined in the 2015 Supreme Court ruling Obergefell vs. Hodges. However, after the Court’s decision on abortion rights, Conservative judge Clarence Thomas said he was also interested in reviewing the ruling on same-sex marriages.
This concern has prompted lawmakers to codify the protections, providing an important shield to citizens: otherwise, individual states could have revised the conditions enshrined in 2015. The law aims to provide lasting protections in the event that the Obergefell ruling is overturned : ensures the recognition of homosexual marriages celebrated in other states and guarantees the legal protections provided by these unions. For example, if a couple was married in a Democratic-led state that enshrined the right to same-sex marriage and then moved to a Republican state that did not, the Republican state would still have to recognize the their wedding.
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