Analysis: No big shift for GOP on same-sex marriage, despite Roe’s impact on 2022
. Largely, their main line of argument was that the bill was unnecessary, because it was implausible that the Supreme Court would do with same-sex marriage what it did with abortion rights.Dobbs v. Jackson Women’s Health Organization
and Justice Brett M. Kavanaugh in his concurrence took great care to say that the decision’s reasoning did not endanger the court’s previous rulings legalizing contraception, interracial marriage and same-sex marriage. . This allowed Republicans to some degree to punt on the substance of the Respect for Marriage Act — and instead to say they were voting against it on technical grounds, just as many of them emphasized theyBut for a party that has for decades derided “activist judges” and “legislating from the bench,” this was an opportunity to put Congress’s stamp of approval on this right.
The GOP’s approach has long been to just stop talking about it, and they got an assist in 2015 when the Supreme Court effectively took the issue off the table. The thinking now is apparently that they gave the Respect for Marriage Act enough votes to ensure the issue will soon leave the spotlight without requiring them to fully embrace same-sex marriage — and that might ultimately be a safe political play.
But the vast majority of Republicans in Congress did just cast a vote at odds with the American public. Not only do 7 in 10 Americans support same-sex marriage, but past polling suggests that support for the substance of the Respect for Marriage Act might even be slightly higher. Adecision showed that, at the time, Americans opposed allowing states to prohibit same-sex marriage by 13 points.
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