Same-Sex Marriage Protections Move Through Congress

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The United States Congress moved to safeguard same-sex marriages and shield individuals from discrimination if the Supreme Court ever revisits the right.

After the Senate approved the measure with 61 votes in favor and 36 against on November 29, the Democratic-led House of Representatives passed it with 258 votes for and 169 opposed.

The bill now awaits the president’s signature to become law.

It directs federal recognition of same-sex marriages whenever they are validly performed in the state where the marriage occurs. The same approach applies to interracial marriages, reinforcing national recognition.

The text also protects religious freedom by ensuring that religious institutions are not compelled to perform or endorse these marriages, and that such actions do not jeopardize their benefits or tax exemptions.

This compromise was achieved in the Senate and then referred back to the House for a final vote after the House approved the measure in July with 267 in favor and 157 against.

The bill also repeals the Defense of Marriage Act, which defined marriage as a union between a man and a woman.

legal since 2015

Same-sex marriage has been legal in the United States since a landmark Supreme Court ruling in June 2015, which held that bans on same-sex marriage were unconstitutional in several states.

In recent years, momentum has grown after the Supreme Court, which currently has a conservative majority, overturned Roe v. Wade in June, reigniting debates about whether other fundamental rights could be reinterpreted by the court.

Activists and many progressive lawmakers have warned that the court could give states the power to restrict or redefine rights previously protected at the federal level, including same-sex marriage.

While this bill does not establish same-sex marriage as a nationwide federal law, it would prevent states from discriminating against couples married elsewhere if the Supreme Court were to shift its doctrine.

House Speaker Nancy Pelosi, a Democrat, acknowledged that the fundamental right faces real and immediate threats and lauded the bill as a meaningful advance in love, freedom, and dignity for all.

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