WASHINGTON - A vote to codify same-sex marriage into federal law split House Republicans on Tuesday, with roughly a third of the GOP conference voting with Democrats in favor and the rest opposing.
In a 267-157 vote, the House passed legislation repealing the Defense of Marriage Act and enshrining protections for gay and interracial marriages into federal law. Overall, 47 House Republicans voted with nearly every single Democrat to back the measure, dubbed the Respect for Marriage Act.
When it comes to the U.S. Representatives from Florida, six Republicans voted in favor alongside the 11 Democrats. Ten Republicans voted against the bill.
A further breakdown can be found below:
Who voted against?
- Gus Bilirakis, R-Tarpon Springs
- Vern Buchanan, R-Longboat Key
- Byron Donalds, R-Naples
- Neal Dunn, R-Panama City
- Scott C. Franklin, R-Lakeland
- Matt Gaetz, R-Pensacola
- Bill Posey, R-Melbourne
- John Rutherford, R-Jacksonville
- Greg Steube, R-Sarasota
- Daniel Webster, R-Inverness
Who voted in favor?
- Kat Cammack, R-Gainesville
- Mario Diaz-Balart, R-Doral
- Carols A. Gimenez, R-Miami
- Brian J. Mast, R-Stuart
- Maria Elvira Salazar, R-Miami
- Michael Waltz, R-Port Orange
- Kathy Castor, D-Tampa
- Sheila Cherfilus-McCormick, D-West Palm Beach
- Charlie Crist, D-St. Petersburg
- Val Butler Demings, D-Orlando
- Theodore E. Deutch, D-Coral Springs
- Lois Frankel, D-Boca Raton
- Al Lawson, D-Jacksonville
- Stephanie Murphy, D-Sanford
- Darren Soto, D-Haines City
- Debbie Wasserman Schultz, D-Sunrise
- Frederica Wilson, D-Hollywood
The full roll call can be found on the U.S. House of Representatives website: https://clerk.house.gov/Votes/2022373
Gay and same-sex unions are already protected under the Constitution, but only by the 2015 Supreme Court decision – not a written federal law. The Obergefell v. Hodges case ruled that the right to marry is guaranteed for same-sex couples by the Due Process Clause and the Equal Protection Clause.
It’s unclear whether the Respect for Marriage Act will pass the Senate. Democrats would need the support of ten Republicans to overcome the filibuster’s 60-vote threshold.
Tuesday's vote was held in response to the Supreme Court's recent overturn of Roe v. Wade, the landmark 1973 ruling that legalized abortion nationwide. In its decision to throw abortion back to the states, the Supreme Court deemed that there was no federal right to abortion.
Associate Justice Clarence Thomas went a step further by authoring a concurring opinion that suggested the court should revisit other rulings including, gay marriage and access to contraception.
Over in the U.S. Senate, a companion Respect for Marriage Act was introduced by two Democrats and one Republican. According to a press release, if passed, it would:
- Repeal DOMA. The Supreme Court effectively rendered DOMA inert with its landmark decisions in United States v. Windsor and Obergefell v. Hodges. This unconstitutional and discriminatory law, however, still officially remains on the books. The bill would repeal this statute once and for all.
- Enshrine marriage equality for federal law purposes. The bill requires, for federal law purposes, that an individual be considered married if the marriage was valid in the state where it was performed. This gives same-sex and interracial couples additional certainty that they will continue to enjoy equal treatment under federal law as all other married couples, as the Constitution requires.
- Provide additional legal protections. The bill prohibits any state official or anyone acting on behalf of the state from denying full faith and credit to an out-of-state marriage based on the sex, race, ethnicity or national origin of the individuals in the marriage; provides the attorney general with the authority to pursue enforcement actions; and creates a private right of action for any individual harmed by a violation of this provision.