“Let’s face it: This is a MAGA Supreme Court — a MAGA, right-wing extremist Supreme Court — very, very far away from not only where the average American is, but even the average Republican,” Mr. Schumer said.
Justice Samuel A. Alito Jr., who wrote the court’s decision in Dobbs, said the ruling should not be read as affecting issues other than abortion. But Justice Thomas’s concurrence suggested otherwise, and Justice Alito has suggested before that Obergefell should be revisited, arguing that it invented a right with no basis in the text of the Constitution.
Over the weekend, Senator Ted Cruz, Republican of Texas, said he agreed, asserting in an interview for his podcast that Obergefell and Roe v. Wade had been wrongly decided and that both had “ignored two centuries of our nation’s history.” But he added that overturning the same-sex marriage ruling, which he called “clearly wrong,” could be disruptive and would be unlikely.
“You’ve got a ton of people who have entered into gay marriages, and it would be more than a little chaotic for the court to do something that somehow disrupted those marriages that have been entered into in accordance with the law,” Mr. Cruz said.
The legislation passed on Tuesday would repeal the Defense of Marriage Act of 1996, which defined a marriage as the union between a man and a woman, a law that was struck down by Obergefell but has remained on the books. The legislation would mandate that the federal government recognize a marriage if it was valid in the state where it was performed, which would address the patchwork of differing state laws. That would protect same-sex marriages in the roughly 30 states that currently prohibit them, should the court overturn Obergefell.
The bill also would provide additional legal protections to same-sex couples, such as giving the attorney general the authority to pursue enforcement actions and ensuring that all states recognize public acts, records and judicial proceedings for out-of-state marriages.
Source Article from https://www.nytimes.com/2022/07/19/us/politics/house-gay-marriage-bill.html
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