EXPLAINER: Congress is acting on gay, interracial marriage

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EXPLAINER: Congress is acting on gay, interracial marriage
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Legislation that ensures same-sex and interracial marriages are recognized as legal unions appears headed for final approval and Pres. Biden's signature.

From left, Sen. Rob Portman, R-Ohio, Sen. Tammy Baldwin, D-Wis., Sen. Susan Collins, R-Maine, and Sen. Kyrsten Sinema, D-Ariz., talk with reporters following Senate passage of the Respect for Marriage Act, at the Capitol in Washington, Tuesday, Nov. 29, 2022.

Still the broad support for the bill, which was backed by 12 GOP senators, was unexpected given the long and divisive history of the issue. Biden has said he will “promptly and proudly sign it into law."The legislation says that federal and state governments must recognize legally celebrated marriages regardless of the individuals' sex, race, ethnicity, or national origin, and it would allow people to sue to enforce those rights.

For interracial couples in the US, the right to marry has been recognized much longer. A 1960s-era Supreme Court decision, Loving v. Virginia, invalidated state laws that banned marriages between people of different races. The statements “understandably terrified a lot of people” and gave new momentum to the Respect for Marriage Act, said Andrew Koppelman, John Paul Stevens Professor of Law at Northwestern University.

The vote reflected an overall change in the public's views, Davidson said. At one point, most people in the U.S. opposed same-sex marriage. But in a June Gallup poll, 71% of U.S. adults said same-sex unions should be valid under the law. The practical effect of that would be that some people couldn’t get married in their own states, but all same-sex marriages would continue to be recognized and eligible for the legal benefits of marriage.

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