November 30, 2022 |
In Washington, the Respect for Marriage Act passed the Senate with Wyoming’s Cynthia Lummis joining 11 other Republicans in the 61-36 vote.
Wyoming’s other senator, John Barrasso, voted no.
The bill writes into federal law what the U.S. Supreme Court settled in its 2015 Obergefell v Hodges ruling, namely that the 14th Amendment requires a state to license a marriage between two people of the same sex and to recognize the marriage of two people of the same sex when their marriage was lawfully licensed and performed in another state.
House Democrats rushed to pass the legislation earlier this year in reaction to the Supreme Court decision overruling Roe v Wade, turning the abortion issue back to individual states.
Opposition to the Respect for Marriage Act did not focus on same sex marriages. Conservative groups across the country and in Wyoming expressed concern that the bill as written will allow for government persecution of individuals, churches and organizations that hold traditional, Christian beliefs about marriage being a union between a man and woman.
Senator James Langford of Oklahoma, who saw his amendment protecting religious freedoms defeated yesterday, said in a tweet that “Respect for Marriage Act isn’t about equality. It’s about making some people’s rights more important than others.” Langford added that the bill will lead to violations of constitutional rights of Americans to live by Christian faith.
Lummis’ vote was crucial in both passage of the bill and limiting floor debate. She addressed the backlash she faced at home over her vote.
Sen. Lummis described herself as a conservative Christian who abides by the Biblical definition of marriage. Her speech noted that some on the left who advocate for tolerance of their beliefs and lifestyles express hate and vitriol for traditional norms.
Tolerance of religious faith went to the heart of what troubled many about the Respect for Marriage Act. Its original language included no protections for organizations or individuals that hold traditional, Christian values.
One amendment attached to the bill added yesterday offers some protection to non-profit religious organizations from having to provide services in support of same-sex marriages. Lummis did not describe the outcome as a kumbaya moment as liberals did, but rather a means to accommodating what we find intolerable in others.
The amendment approved yesterday includes provisions to accommodate religious liberty and conscience protections under federal law. The amendment that passed also ensures the federal government does not recognize polygamous marriage.
Conservatives have argued for weeks the amendment didn’t go far enough in protecting religious organizations. Three separate amendments aimed at expanding religious liberty provisions in the bill even further were voted down prior to the final passage vote. One was offered by Utah Senator Mike Lee.
Both Wyoming senators, Lummis and Barrasso, voted for the Lee amendment, which failed on a 48-49 vote with every Senate Democrat rejecting it. Sen. Lee said the defeat of his amendment to protect religious liberties was “discouraging.”
The Senate version passed yesterday now heads to the House for a second time because of the religious freedom amendment. It passed the House this summer with help from 47 Republicans, including Liz Cheney.
