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Democrats moving forward with bill aimed at giving marriage rights

Democrats look to bring same-sex marriage rights into federal law
Democrats look to bring same-sex marriage rights into federal law 03:38

After the United States Supreme Court overturned Roe v. Wade, many liberals believe same-sex marriage will be the next to go. 

San Francisco Pride Parade
SUNDAY, JUNE 28, 2015 -- SAN FRANCISCO, CA -- A sea of people waving pride flags walk the route during the 45th Annual San Francisco Pride Celebration & Parade held on Sunday, June 28th, two days after the Supreme Court ruled same-sex marriage legal in all 50 states. Rick Loomis /Los Angeles Times via Getty Images

It was euphoria for families across the country when marriage equality became the law of the land in 2015, thanks to former President Barack Obama. 

But times have changed since 2015 and there are now fears that the Supreme Court could overturn same-sex marriage rights just like they did with Roe v. Wade in the Dobb's case.

"It is my firm belief that the Dobb's decision is just the beginning of what is an agenda that is about also attacking other rights that flow from the right to privacy - including access to contraception and and same-sex marriage," Vice President Kamala Harris said in a press conference on Monday.

Tuesday Democrats will unveil a new bill that would enshrine same-sex marriage rights into federal law. Advocates claimed that the bill is the only way to ensure that the mostly-conservative Supreme Court doesn't upend marriage equality the same way it struck down abortion rights.

"We're in a moment where we know the far right extremists that have been attacking our community for years feel galvanized and especially with the Supreme Court ruling to overturn Roe v Wade - 50 years of precedent - they are going to go after marriage equality. They're going to continue going after the trans community," Samuel Garrett-Pate of Equality California said.

There's even concern that without this new proposed bill Proposition 8, which banned same-sex marriage here in California, could come back to haunt same-sex couples and families here.

"Right now in this country we have the defense of Marriage Act and we still have Prop 8 in California on the books," Garrett-Pate said. "Now neither of them is being implanted because they were struck down by the court in 2013 and 2015 but what we've learned from the Dobbs ruling - that struck down 50 years worth of precedent in the case of abortion access - is that we can't rely on this court to uphold precedent."

US-SUPREME-COURT
Justice Clarence Thomas sits during a group photo of the justices at the Supreme Court in Washington, D.C., on April 23, 2021. ERIN SCHAFF/POOL/AFP via Getty Images

Republican leaders have made it clear they're opposed to same-sex marriage. Over the weekend, Republican Senator Ted Cruz said in an interview that the Obergefell v. Hodges case was a mistake.

"In Obergefell the court said no, we know better than you guys do and now every state must now sanction and permit gay marriage. I think that decision was clearly wrong when it was decided. It was the court overreaching," Cruz said.

Additionally, Supreme Court Justice Clarence Thomas has also said in the past that making same-sex marriage a federal right was a mistake. 

"Very specifically, Justice Thomas in a concurring opinion said, 'not only am I overturning Roe v. Wade, this is a vehicle to overturn other issues like same-sex marriage,'" LMU political science professor Fernando Guerra said. "So he gave a roadmap - he even asked a state or a group to sue on this issue because he would be willing to overturn it."

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