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Sánchez advances legislation to protect marriage equality under federal law

July 19, 2022

WASHINGTON –Congresswoman Linda T. Sánchez (D-CA), Vice Chair of the Congressional LGBTQ+ Equality Caucus, today issued the following statement after voting for the Respect for Marriage Act, legislation that would enshrine marriage equality in federal law and provide additional protections for same-sex married couples:

"In overturning Roe v. Wade, the right-wing majority on the Supreme Court made clear they are willing to roll back decisions that have been in place for decades, jeopardizing the rights of more Americans and dismantling years of progress. While marriage equality remains constitutionally protected, Congress must take action to prevent further attacks on our fundamental freedoms before it is too late," said Congresswoman Linda Sánchez. "The Respect for Marriage Act will finally enshrine marriage equality in federal law and create additional federal safeguards for LGBTQ+ married couples. I am proud to help pass this critical legislation in the House today, and I urge the Senate to act quickly to protect same-sex and interracial marriages and ensure all American families are treated equally under the law."

Specifically, the Respect for Marriage Act will:

  • Enshrine marriage equality in federal law: The legislation requires, for federal law purposes, that an individual be considered married if the marriage was valid in the state where it was performed. This gives married people certainty that the federal government will respect and recognize their marriages—as the Constitution requires.
  • Repeal the discriminatory Defense of Marriage Act (DOMA): DOMA, passed in 1996, defines marriage for federal purposes as the union of one man and one woman, and allows states to refuse to recognize same-sex marriages.Although the landmark Supreme Court decisions in United States v. Windsor and Obergefell v. Hodges supersede DOMA, the law remains on the books and would pose a threat to lawfully married couples if those decisions were overturned. This legislation would repeal the discriminatory statute once and for all.
  • Provide additional legal protections for LGBTQ+ couples: The legislation prohibits any person acting under state law from denying full faith and credit to an out-of-state marriage based on the sex, race, ethnicity, or national origin of the individuals in the marriage. The bill also provides the U.S. Attorney General with the authority to pursue enforcement actions and creates a private right of action for any individual harmed by a violation of this provision.

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