“I think the Respect for Marriage Act is as ironclad as laws come because it does something very clever.”
would look like an opportunity for local elected Republicans, Slate senior writer Mark Joseph Stern says that things look pretty different for GOP lawmakers in Washington. “On the whole, the party is still anti-LGBTQ,” says Stern“but there’s this increasing divide within the party on these issues, where Republicans know they are clearly losing: 70-plus percent of Americans support same-sex marriage, and there is pretty strong support for civil rights protections for LGBTQ people.
, I spoke with Stern about why this bill could really pass and sustain itself as law. Our conversation has been edited and condensed for clarity.Mary Harris: It wasn’t that long ago that Congress was passing the Defense of Marriage Act, or DOMA, which made sure gay people who got married wouldenjoy the benefits of a legal union, at least not at the federal level. It passed back in 1996, after Hawaii seemed to clear the way for same-sex weddings to begin.
Yeah. The Supreme Court can strike down laws, but it can’t erase them from the books. This is something we’ve all learned in the post-that sprung back into effect when the Supreme Court overturned that decision. The same thing is true of DOMA: It was sort of suspended by the Supreme Court in 2013 and is inoperative—it can’t be legally enforced. But if today’s Supreme Court overruled that decision, it would suddenly spring back into life.
Democrats are seeing this conservative energy and passing bills to try to deal with the fact that such rights may be imperiled: bills protecting abortion rights, codifying marriage equality, and preserving rights to contraception.
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