CHARLESTON, W.Va. — The U.S. House of Representatives passed a measure Tuesday to codify the U.S. Supreme Court’s rulings on same-sex and interracial marriages, in which none of West Virginia’s delegates voted for the legislation.
The chamber approved House Resolution 8404 — the Respect for Marriage Act — in a 267-157 vote; 47 Republicans joined 220 Democrats in backing the measure.
Rep. Alex Mooney, R-W.Va., voted against the bill, arguing marriage is a union “between a man and a woman.” Reps. David McKinley and Carol Miller were among the seven Republicans who did not vote.
The Respect for Marriage Act would repeal the Defense of Marriage Act, the 1996 federal law defining marriage as a relationship between a man and a woman. The measure also replaces language to require states to recognize marriages from other states regardless of people’s sexual orientation, sex or race.
The Supreme Court determined in 2013 that the enactment of the Defense of Marriage Act deprived same-sex couples of certain rights. Justices ruled two years later that the U.S. Constitution guarantees the right of same-sex couples to marry, and states must recognize same-sex marriages.
A Gallup poll from June showed 71% of Americans support legal protections for same-sex marriage. The organization reported in September 2021 that 94% of Americans support interracial marriage.
The Respect for Marriage Act follows concerns about the future of LGBTQ rights and same-sex marriage. In his concurring opinion last month in support of overturning the right to an abortion, Justice Clarence Thomas suggested reviewing the Obergefell v. Hodges decision and others. Sen. Ted Cruz, R-Texas, recently described the decision on same-sex marriage as “the court overreaching.”
Mooney called the Respect for Marriage Act a distraction from “President [Joe] Biden’s failed economic record.”
“Marriage is between a man and a woman. In fact, today’s vote is nothing more than an election year political stunt by Speaker [Nancy] Pelosi and Democrats in Congress,” he said. “With President Biden’s reckless spending leading to historic inflation and his support for the Green New Deal sending gas prices soaring, House Democrats want to talk about anything else, but the failing Biden Presidency.”
Mooney also served as Miller’s proxy vote on Tuesday during votes on other matters. According to communications director Tatum Wallace, Miller tested positive for the coronavirus and could not vote in person on Tuesday.
“Her symptoms are manageable and she is resting today. She’ll be back to the business of serving her constituents as soon as possible,” Wallace said.
Wallace added same-sex marriage is “settled law.”
“There is no challenge to the full faith and credit of any union, nor should there be, and attempts by Democrats to suggest otherwise is irresponsible and wrong. This vote is just fear mongering by Democrats who are trying to distract from the very real problems Americans are facing because of Joe Biden’s failed leadership and failed policies – out of control inflation and gas prices, baby formula shortages, the workforce crisis, and broken supply chains.”
MetroNews did contact McKinley’s office about the vote.
The measure faces a challenging future in the Senate, where Republicans could block the legislation through the filibuster. At least 10 Republican senators would have to join all 50 Democrats for the bill to pass; Maine Republican Susan Collins is the only Republican sponsoring the bill.
Sens. Joe Manchin, D-W.Va., and Shelley Moore Capito, R-W.Va., did not return MetroNews’ request for comment on Tuesday.
The UCLA School of Law’s Williams Institute estimates there are 68,100 lesbian, gay, bisexual and transgender West Virginians. The organization released a study in February 2021 on West Virginia, in which researchers noted the state lacks protections related to sexual orientation and gender identity, adding the environment “likely contributes to an environment in which LGBT people experience stigma and discrimination.”