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Stop pretending that Republicans don’t believe what they clearly believe. They’re not reluctantly compelled to vote against these laws because of some mythic liberal overreach. And still, it probably won’t pass, because Republicans remain overwhelmingly opposed to any degree of equality for gay and lesbian Americans. The Respect for Marriage Act was written to be about as timid and “moderate” as one could possibly imagine without simply running all the way back to Bowers v. Alas, conservatives just can’t help themselves. It is the liberals’ insistence on going all-or-nothing that compels conservative opposition. It has been suggested that if Democrats were just a little more moderate, a little less all-in, that Republicans would be willing to work with them. And even still, Republicans voted against it by more than a 3:1 margin, and its prospects for passing a Republican-led Senate filibuster look dim.
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It secures a significant retreat from the status quo, at the expense of gay and lesbian Americans’ basic civil rights.
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It does not simply secure the status quo. This bill could not have been more modest in ambition. Which makes the overwhelming Republican opposition all the more striking. In effect, what it “codifies” is not Obergefell but Windsor. As far as I can tell, it does not forbid states from barring same-sex marriages performed in their borders. It appears to be far narrower, only ensuring that same-sex marriages performed in one state must be acknowledged in other states. Forty seven Republicans voted in favor of the bill, dwarfed by the 157 who voted against (all nay votes came from Republicans).Ĭontrary to popular press coverage, this law does not “codify same-sex marriage”.
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