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Bipartisan lawmakers introduce bill to federally protect marriage equality

Same-sex marriage supporters rally in front of the U.S. Supreme Court as the Court hears arguments on same-sex marriage, on March 26, 2013. A bipartisan group of lawmakers on Monday introduced the Respect for Marriage Act which would federally enshrine marriage equality by repealing the Defense of Marriage Act. File Photo by Kevin Dietsch/UPI
1 of 5 | Same-sex marriage supporters rally in front of the U.S. Supreme Court as the Court hears arguments on same-sex marriage, on March 26, 2013. A bipartisan group of lawmakers on Monday introduced the Respect for Marriage Act which would federally enshrine marriage equality by repealing the Defense of Marriage Act. File Photo by Kevin Dietsch/UPI | License Photo

July 18 (UPI) -- A bipartisan group of lawmakers introduced legislation Monday to federally enshrine protection for same-sex and interracial marriages nationwide.

The Respect for Marriage Act would repeal the Defense of Marriage Act, or DOMA, which defined marriage as a union between one man and one woman, ensure that same-sex and interracial married couples retain equal treatment under federal law and expand legal protections for marriage rights.

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The legislation comes after Supreme Court Justice Clarence Thomas authored an opinion following the high court's decision to overturn Roe vs. Wade stating that the court's "substantive due process precedents" set in cases such as Obergefell vs. Hodges -- which legalized same-sex marriage in all 50 states -- should be revisited.

"Three weeks ago, a conservative majority on the Supreme Court not only repealed Roe vs. Wade and walked back 50 years of precedent, it signaled that other rights, like the right to same-sex marriage, are next on the chopping block," said Rep. Jerry Nadler, D-N.Y., one of the lead sponsors of the bill. "As this court may take aim at other fundamental rights, we cannot sit idly by as the hard-earned gains of the Equality movement are systematically eroded."

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In 2013, the Supreme Court ruled that a section of DOMA preventing the government from recognizing same-sex marriages for the purposes of determining federal benefits was unconstitutional, leaving the law in place but ultimately unenforceable.

The Respect for Marriage Act would fully repeal the law in order to secure federal marriage protection.

It would also require that an individual be considered married, for federal law purposes, if the marriage was valid in the state where it was performed.

The bill would additionally prohibit state officials 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."

Rep. David Cicilline, D-R.I., chairman of the Congressional LGBTQ+ Equality Caucus, said the measure will protect same-sex and interracial marriages from "any radical or bigoted decision that may come from the current extreme Supreme Court majority."

"I want the LGBTQ+ community to know that this caucus is fighting for them and their right to live freely," Cicilline said. "This legislation will protect their marriages and ensure they continue to be recognized, even if a future Supreme Court overturns landmark marriage equality decisions."

Sen. Susan Collins, R-Maine, who is sponsoring the Senate version of the legislation, called it "another step to promote equality, prevent discrimination and protect the rights of all Americans."

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House Democratic leader Rep. Steny Hoyer, D-Md., said the bill is slated for a floor vote this week.

"LGBTQ Americans and those in interracial marriages deserve to have certainty that they will continue to have their right to equal marriage recognized, no matter where they live, should the court act on Justice Thomas' draconian suggestion," he said.

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