By: Rebekah Alvey

The U.S. House gave final approval Thursday to landmark legislation expanding protections for same-sex and interracial marriage after months of debate and negotiations.

The Respect for Marriage Act is now en route to President Joe Biden’s desk to be signed into law.

“Today, Congress took a critical step to ensure that Americans have the right to marry the person they love,” Biden said in a statement after passage. “The House’s bipartisan passage of the Respect for Marriage Act — by a significant margin — 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.”

The bill strengthens protections for same-sex and interracial marriages by requiring states to recognize legal marriages performed in other states. It also repeals the Defense of Marriage Act, which defines marriage as between one man and one woman.

“I’m proud to vote today to say that love is love,” Dallas Rep. Colin Allred said on the House floor ahead of the vote. “No matter who you are, where you live and no matter what future extreme, out of touch Supreme Court may say.”

On Thursday, the amended bill passed the House 258-169, with one member voting present.

The Respect for Marriage Act was originally introduced in the House in July with 47 Republicans, including San Antonio Rep. Tony Gonzales, joining Democrats to pass the bill. Only 39 Republicans voted for the bill on Thursday.

Gonzales was again the only Texas Republican to vote in favor of the bill Thursday.

“Today, the House of Representatives voted to protect families in Houston and across the country by guaranteeing the right to marry for same-sex and interracial couples,” said Houston Rep. Lizzie Fletcher, a co-sponsor of the initial House bill, in a statement.

Congress intensified the push for marriage equality protections after remarks by U.S. Supreme Court Justice Clarence Thomas urging justices to reconsider other due process precedents such as Obergefell vs. Hodges, the landmark 2015 ruling that guaranteed same-sex marriage rights nationwide.

Following the summer vote, the bill hit delays in the Senate after Democrats opted to push votes back until after the November midterm elections.

In that time, a bipartisan group of senators proposed an amendment to the House bill that added explicit protections for religious organizations. The amended bill passed the Senate last week 61-36.

The amendment, sponsored by Sens. Tammy Baldwin, D-Wis., and Susan Collins, R-Maine, ensures religious organizations will not be required to provide any services, facilities or goods for a same-sex marriage. It also explicitly ensures the bill will not be used to deny or alter benefits or tax-exempt status of religious schools, churches or organizations.

Additionally, the amended bill clarifies it cannot be used to allow the federal government to recognize polygamous marriages.

Still, throughout discussions, GOP lawmakers including Texan members of congress have been outspoken opponents of the bill, arguing it infringes on religious liberties and will be used by the IRS to target religious institutions.

Religious liberty amendment

Ahead of the final House passage, Austin Republican Rep. Chip Roy introduced a religious liberty amendment that was originally introduced in the senate by Utah Sen. Mike Lee and was co-sponsored by Texas Sen. Ted Cruz.

Roy’s amendment was blocked in the Rules committee earlier this week, allowing the House vote to proceed.

Ahead of the vote, Texas GOP members of congress also expressed concern that the bill will allow right to action clauses, which they worry could be used by private citizens or the federal government to file lawsuits against religious organizations.

Waco Republican Rep. Pete Sessions said in the Rules committee Democrats assured Republicans that the intent of the bill is mainly messaging and not the private or federal right of action that could allow lawsuits.

“I’ll take them at their word,” Sessions said.

Roy continued to express frustration over the lack of debate and process of the bill and concerns it will infringe on religious liberties.

“It’s an absolute abomination with respect to what it’s going to mean for religious liberty,” Roy said of the bill ahead of the vote. “The 12 Senate Republicans who voted for it in the Senate are either stupid or deceitful, because you can’t possibly tell me that that’s actually going to protect religious liberty for the American people around the country.”

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