Sen. Lindsey Graham: States Should Decide on Same-Sex Marriage

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Sen. Lindsey Graham (R-S.C.) said Aug. 7 that states, not the national government, should determine whether same-sex marriage should beryllium legally recognized.

Graham’s comments came during a sheet treatment connected CNN’s “State of the Union” aft HR 8404, the projected Respect for Marriage Act, passed the House of Representatives 267-157 connected July 19 with the enactment of 47 Republicans. The measure is pending successful the 50/50 Senate wherever it is expected to bask the enactment of Sens. Rob Portman (R-Ohio) and Susan Collins (R-Maine.)

Among the Republicans voting for the measure were House Republican Conference Chair Elise Stefanik (R-N.Y.) and Scott Perry (R-Penn.), who chairs the blimpish House Freedom Caucus. Voting nary were Minority Leader Kevin McCarthy (R-Calif.) and Minority Whip Steve Scalise (R-La.).

The measure would repeal the Defense of Marriage Act (DOMA), a 1996 instrumentality that defined matrimony arsenic the national of 1 antheral and 1 pistillate and allowed states to garbage to judge same-sex marriages recognized nether different states’ laws. After then-President Bill Clinton signed DOMA, astir 40 states banned same-sex marriage. DOMA was recovered to beryllium unconstitutional by the Supreme Court successful Obergefell v. Hodges (2015), a ruling that held that the Fourteenth Amendment requires states to licence and admit same-sex marriage.

The caller measure would besides codify the Obergefell ruling.

Respect for Marriage Act supporters accidental the measure is needed due to the fact that the Supreme Court’s June 24 determination overturning 49-year-old termination precedent Roe v. Wade perchance opened the doorway to the aboriginal reversal of Obergefell by the court.

Although Graham said helium did not judge the Supreme Court would really reverse Obergefell, neither the tribunal nor the national authorities should beryllium deciding the contented of same-sex matrimony for the full nation.

“I’ve been consistent. I deliberation states should determine the contented of matrimony and states should determine the contented of abortion,” Graham told CNN.

“I person respect for South Carolina. South Carolina voters present I spot to specify matrimony and to woody with [the] contented of termination and not 9 radical connected the court. That’s my view.”

The projected Respect for Marriage Act is simply a distraction from the problems Americans are truly facing, Graham suggested.

“We’re talking astir things that don’t hap due to the fact that you don’t want to speech astir inflation, you don’t privation to speech about crime,” Graham said, with Sen. Richard Blumenthal (D-Conn.) astatine his side.

Blumenthal said the Obergefell ruling indispensable beryllium codified due to the fact that “there’s a existent information of it being overturned” by the precocious court.

“This Supreme Court has indicated it has a deed list, opening with matrimony equality, contraception, perchance others arsenic well, Loving v. Virginia,” the legislator said.

In Loving, the Supreme Court ruled successful 1967 that laws forbidding interracial matrimony interruption the Fourteenth Amendment.

In his concurring sentiment (pdf) successful Dobbs v. Jackson Women’s Health Organization, which overruled Roe v. Wade, Justice Brett Kavanaugh specifically wrote that the Dobbs ruling “does not endanger oregon formed doubt” connected Loving oregon Griswold v. Connecticut, a 1965 Supreme Court determination recognizing the close to usage contraceptives.

In a abstracted concurring opinion, Justice Clarence Thomas said the court, present that it has overturned Roe, should besides reconsider its “demonstrably erroneous” rulings successful cases specified arsenic Obergefell and Griswold. Thomas did not place Loving arsenic a precedent that should beryllium overturned.

Matthew Vadum

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Matthew Vadum is an award-winning investigative writer and a recognized adept successful left-wing activism.