London Daily

Focus on the big picture.
Thursday, Feb 26, 2026

Congress Is Going To Officially Protect Same-Sex Marriage. Here’s What The Bill Does And Doesn’t Do.

Congress Is Going To Officially Protect Same-Sex Marriage. Here’s What The Bill Does And Doesn’t Do.

The bill would act as a fail-safe should the Supreme Court’s right-wing majority do to marriage equality what they did to abortion rights.

Congress is on the verge of passing a bill that would act as a fail-safe to protect the LGBTQ community should the Supreme Court’s right-wing majority do to marriage equality what they did to abortion rights.

Currently before the Senate, the Respect for Marriage Act will give some measure of relief to activists who had feared that the top US court would reverse its own precedent on marriage equality.

“This will give millions of loving couples the certainty, the dignity, and the respect that they need and that they deserve,” Sen. Tammy Baldwin, the Wisconsin Democrat and first openly LGBTQ senator, said Wednesday when the bill came to the floor.

“None of this precludes court fights on marriage going forward,” Mary Bonauto, the civil rights project director at GLBTQ Legal Advocates & Defenders, told BuzzFeed News. “We will fight to prevent the unthinkable from happening, but this bill provides a crucial backstop requiring marriage recognition in the event that it does.”

The bill had passed a key procedural hurdle in the Senate on Wednesday when a coalition of all 50 Democrats and 12 Republicans voted to overcome any filibuster. The bipartisan group leading the push in the chamber had decided in September to delay their efforts until after the midterm elections in order to try to ease some political pressure for potential backers.

The bill was also tweaked to make clear that it doesn’t require the government to recognize polyamorous marriages while also adding protections for religious institutions — enough so that even the Mormon church expressed its support.

With Republicans set to narrowly assume control of the House of Representatives next year following this month’s midterms, the bill is likely to be one of the last bipartisan pieces of legislation that will pass in this Congress. A full vote in the Senate could happen this week. This version will still need to pass in the House of Representatives before it is sent to President Joe Biden for his signature.

All 220 Democratic members of the House were joined by 47 Republicans in passing their own version of the bill in July. One of the 157 Republicans who voted against that bill, Rep. Glenn Thompson of Pennsylvania, delivered a toast at his son’s wedding to another man just three days later.

“I am incredibly encouraged to see this bill move forward with such strong bipartisan support,” National Center for Lesbian Rights Legal Director Shannon Minter told BuzzFeed News. “Once the RMA becomes law, the LGBTQ community can breathe a sigh of relief knowing their families are secure and the Supreme Court cannot upend their lives with the stroke of a pen.”


People celebrate the Supreme Court ruling on marriage for same-sex couples on June 26, 2015, in West Hollywood, California.

The US Constitution grants states — and not the federal government — the power to determine who may wed in that state. But the Supreme Court ruled 5–4 in Obergefell v. Hodges in 2015 that states banning or refusing to recognize marriages for same-sex couples violated the 14th Amendment’s equal protection and due process clauses. In 1967, the Supreme Court had also ruled state bans on interracial marriage were also unconstitutional.

But when the Supreme Court struck down Roe v. Wade this summer, overturning federal protections for abortion rights, Justice Clarence Thomas wrote a separate opinion that urged the court’s new conservative supermajority to go further in unwinding past opinions on the 14th Amendment. “We have a duty to ‘correct the error’ established in those precedents,” Thomas wrote, specifically mentioning Obergefell, among other cases.

In their dissent in the abortion case, the three liberal justices also expressly warned, “No one should be confident that this majority is done with its work.”

Jim Obergefell, the Ohio plaintiff in that case, was among those concerned that Thomas was signaling marriage equality was next on the chopping block. “I would honestly be lying if I said I weren't afraid that it could all go away,” Obergefell told BuzzFeed News in July. “It made me angry, and it has me terrified.”

LGBTQ legal campaigners also told BuzzFeed News that they were alarmed and believed that the Thomas opinion would usher in a wave of legal challenges by right-wing campaigners that could slowly work their way up to the Supreme Court. “It was clearly a threat to the rights we fought for,” said Evan Wolfson, founder of Freedom to Marry. “The threat is real.”
Justice Clarence Thomas


Should the Supreme Court overturn Obergefell, the patchwork of state bans for marriages of same-sex couples would suddenly came back into force, as was the case with abortion trigger laws this summer.

First introduced to Congress in 2015 prior to Obergefell, the Respect for Marriage Act won’t force states to grant marriage licenses to same-sex couples, but it would make clear that the federal government would recognize any married couple’s legal rights, benefits, or protections, even if they lived in a state that outlawed marriage between same-sex partners.

Hence, even if some states decided to no longer allow same-sex or interracial couples to wed, the federal government would still recognize such marriages that were legally performed in other states. States would also have to recognize such marriages that were legally performed elsewhere.

The bill would also formally repeal the Defense of Marriage Act of 1996, which had denied such federal rights and benefits in the first place. (The key section of that law was struck down in 2013 in Windsor v. US, another Supreme Court case that activists fear could be now under threat.)

“The fight for marriage equality in Congress opened with the Defense of Marriage Act in 1996, and we feel like the Respect for Marriage Act closes that chapter,” said David Stacy, government affairs director for the Human Rights Campaign.

Stacy, who previously worried that Thomas was trying to invite legal challengers to bring cases against marriage equality to the federal courts, said Congress was signaling to the court and others through this law that the issue was “settled.”

“I don’t think I can get into Justice Thomas’s head,” Stacy said. “But I hope what he takes away from this is, ‘I shouldn't have put that into decision, and I should put this idea that we're gonna revisit this out of my mind and focus on the cases coming before the court and not soliciting challenges to existing law.’”

Polls show more than 70% of Americans now support marriage equality — an inverse from the 70% who opposed when the Defense of Marriage Act first passed.

Bonauto, who was among the lawyers who argued Obergefell before the Supreme Court, pointed out that while the LGBTQ community continues to gain acceptance, there are many other political and legal threats that pose a danger, especially to transgender and nonbinary youth.

“This is a very, very hard time,” Bonauto said. “At the same time, there is a message of hope in this vote, and the long process of engagement that turned a majority against us to a majority with us.”

Newsletter

Related Articles

0:00
0:00
Close
So, what's happened is, I think, government policy, not just under Labour, but under the Conservatives as well, has driven a lot of small landlords out of business.
Larry Summers, the former U.S. Treasury Secretary, is resigning from Harvard University as fallout continues over his ties to Jeffrey Epstein.
U.S. stocks ended higher on Wednesday, with the Dow gaining about six-tenths of a percent, the S&P 500 adding eight-tenths of a percent, and the tech-heavy Nasdaq climbing roughly one-and-a-quarter percent.
From fears of AI-fuelled unemployment to Big Tech's record investment, this is AI Weekly.
US Lawmakers Seek Briefing from UK Over Reported Encryption Order Directed at Apple
UK Business Secretary Calls on EU to Remove Trade Barriers Hindering Growth
Legal Pathways for Removing Prince Andrew from Britain’s Line of Succession Examined
PM Netanyahu welcome India PM Narendra Modi to Israel
Shadow Diplomacy: How Harry and Meghan’s Jordan Trip Undermines the Monarchy
Sir Jim Ratcliffe, co-owner of Manchester United, comments on immigration in the UK.
Bill Gates, the UN and the WEF are attempting to construct "a giant digital gulag for all of humanity" via digital ID, CBDCs and vaccine passport infrastructure.
Britain’s Channel Crisis: Paying Billions While the Boats Keep Coming
Downing Street’s Veteran Deception Scandal
UK HealthCare Expands ‘Food as Health’ Initiative Statewide to Tackle Chronic Illness in Kentucky
Leonardo Chief Says UK Set to Decide on New Medium Helicopter Programme
UK Slows Chagos Islands Agreement After Concerns Raised in Washington
European and UK Stock Markets Reach Fresh Highs as Banks and Miners Lead Rally
UK Government Insists Chagos Islands Negotiations Continue After Minister’s ‘Pause’ Remark
No Confirmed Deal for Engie to Acquire UK Power Networks Amid Market Speculation
UK Reaffirms Updated Entry Requirements for Travellers as of February 25, 2026
General Atlantic to sell equity stake in ByteDance, valuing the company at $550 billion
German Chancellor Friedrich Merz Secures Pledge from China for Greater Imports of Quality Goods
Lord Mandelson Condemns Arrest as Driven by ‘Baseless Suggestion’ He Would Flee Abroad
Former UK Ambassador Released on Bail Following Arrest in Epstein-Linked Investigation
UK Parliament Orders Release of Former Prince Andrew’s Government Vetting Files
Reddit Fined £14 Million by UK Regulator Over Failures in Age Verification Controls
UK Moves to Tighten Regulation of Netflix, Disney+ and Prime Video Under New Media Rules
British Woman Who Reported Rape in Hong Kong Faces Possible Prosecution
'Christianity is the religion that has made this country great.'
Man Receives Parking Ticket 38 Years After Offense: ‘City Officials Said It’s Legitimate’
Woman Receives Gift Card for Christmas – Discovers It Is ‘Worth’ 63,000,000,000,000,000 Pounds
UK Sanctions New Zealand Insurer Maritime Mutual Following Allegations Over Russian Oil Cover
Reform MP Danny Kruger Condemns UK’s ‘Unregulated Sexual Economy’ in Call for Tougher Controls
The Show Must Go On: Prince William and Kate Middleton Shine at the BAFTAs Amid Andrew’s Arrest
UK Sanctions Russian ‘Illicit Oil Traders’ After Email Blunder Exposes Sanctions Evasion Network
Russia Amplifies Baseless Claims That UK and France Plan to Arm Ukraine with Nuclear Weapons
UK Imposes Sanctions on Two Georgian Television Channels Over Alleged Russian Disinformation
United States National Parks See Noticeable Drop in Visitors from Canada, U.K. and Australia
UK, Australia, Canada and New Zealand Escalate Sanctions on Russia as Ukraine War Marks Four Years
I Gave Andrew a Nude Massage Inside Buckingham Palace
UK Economy Faces Acute Strain as Trump’s Global Tariff Reshapes Trade Landscape
UK Signals Retaliation Is Possible as New US Tariff Policy Threatens Trade Stability
British Police Arrest Former Ambassador Peter Mandelson in Epstein-Related Misconduct Probe
Australia Officially Supports Proposal to Remove Andrew Mountbatten-Windsor from Royal Succession
Victorian Premier Jacinta Allan remains silent on ISIS brides' resettlement plans in Melbourne
Former UK Ambassador Peter Mandelson Arrested in Connection with Jeffrey Epstein
Jacob Rees Mogg afraid to talk about Peter Mandelson arrest on “suspicion of misconduct in a public office” (Pedophilia, corruption, etc.)
United Nations Calls for Global Action Against Disinformation and Hate Speech Online
Tucker Carlson warns of an inevitable clash in Western societies over mass migration
President Trump warns countries against abandoning recent trade deals with the US
×