Five GOP lawmakers from Kansas oppose repeal of Defense of Marriage Act
TOPEKA — Democratic U.S. Rep. Sharice Davids celebrated adoption of federal legislation strengthening legal protection for same-sex and interracial marriages that was opposed by the five Republicans in the Kansas congressional delegation.
Davids, who serves the predominantly urban 3rd District, said the bipartisan measure sent to President Joe Biden would “enshrine marriage equality” in federal law by repealing the 1996 Defense of Marriage Act that defined marriage as the exclusive union between a man and woman.
The U.S. Supreme Court issued decisions in 2013 and 2015 that rendered that federal law largely unconstitutional, but it wasn’t repealed by Congress. The legislation headed to Biden’s desk recognized evolving political and cultural attitudes in the United States by providing legal protection from attempts by states to undermine legitimacy of interracial and same-sex marriages.
Davids, Kansas’ first known LGBTQ member of Congress, supported introduction in July of the bill after the Supreme Court’s decision in Dobbs vs. Jackson, which revoked the guarantee of a national right to abortion embodied in Roe vs. Wade. In a concurring opinion, Justice Clarence Thomas indicated the court “should reconsider” previous rulings on same-sex relationships and marriages as well as the right to buy and use contraception without government intervention.
“After the Dobbs decision,” Davids said, “people across Kansas and the entire country felt fear and anxiety as many of our individual freedoms were called into question or outright stripped away. That includes marriage equality for same-sex couples, which was explicitly threatened by Justice Thomas.”
She said the federal law would “help lessen that fear and provide stability to so many families, and I applaud the bipartisan group of lawmakers who joined me to stand up for our rights.”
Biden, in remarks Thursday following final House passage of the bill, referred to Davids, two other House members and six senators as “unwavering champions” of the legislation.
“They have also provided hope and dignity to millions of young people across this country who can grow up knowing that their government will recognize and respect the families they build,” the Democratic president said. “Together, we showed that it’s possible for Democrats and Republicans to come together to safeguard our most fundamental rights.”
The House voted 258-169 with one member voting “present” on the bill, while the Senate vote was 61-36. It was supported by 39 Republicans in the House and 12 Republicans in the Senate. No Democrat in the House or Senate voted against the legislation.
U.S. Sens. Jerry Moran and Roger Marshall, both Kansas Republicans, and U.S. Reps. Ron Estes, Tracey Mann and Jake LaTurner, also Kansas Republicans, voted against the legislation.
LaTurner, who represents the 2nd District of eastern Kansas, said the opinion overturning Roe vs. Wade written by Justice Samuel Alito applied to abortion restrictions rather than issues of marriage.
“Same-sex marriage is already the law of the land,” LaTurner said. “The Democrats’ Respect for Marriage Act raises serious concerns for religious liberty — paving the way for religious institutions and faith-based organizations to lose their tax-exempt status and be sued for their sincerely held beliefs. Religious freedom is a bedrock principle that I will always defend.”
The final version of the bill reflected work of a bipartisan group of senators to ensure protections for religious liberties. The measure would require the federal government to recognize same-sex and interracial marriages. It also featured legal protections from anyone seeking to undermine marriage equality by denying legitimacy of out-of-state marriages based on sex.
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