Costa votes to Protect Marriage Equality for Same Sex and Interracial Couples

Press Release

Congressman Jim Costa (CA-16) released the following statement after the House passed H.R. 8404 -- Respect for Marriage Act. This bipartisan, bicameral legislation would repeal the Defense of Marriage Act (DOMA) and enshrine marriage equality into federal law for same-sex and interracial couples. Costa is an original co-sponsor of the bill.

"Marriage equality must be protected and guaranteed to all Americans under federal law," said Costa. "The extremist Supreme Court majority decision to overturn Roe v. Wade shows their willingness to attack other fundamental rights like interracial and same-sex marriage. We must assure Americans that they have the right to marry whom they want. That is why I proudly voted to enshrine and protect marriage equality under the law."

While marriage equality remains constitutionally protected, the Supreme Court's reasoning in Dobbs v. Jackson Women's Health Organization to justify overturning the right to abortion could be used in the future to threaten other fundamental rights, including the right to marriage equality. In his concurring opinion, Justice Clarence Thomas explicitly called for the Supreme Court to reconsider its decisions protecting other fundamental rights such as the right to same-sex marriage.

The Respect for Marriage Act would do the following:

Enshrine Marriage Equality into Federal Law: The bill 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 same-sex and interracial couples additional protection so they can continue to enjoy equal treatment under federal law as the Constitution requires.
Repeal the Defense of Marriage Act (DOMA): The Supreme Court effectively rendered the Defense of Marriage Act of 1996 inert with its landmark decisions in the United States v. Windsor and Obergefell, holding that marriage equality was a constitutional right. However, this unconstitutional and discriminatory law remains on the books. Therefore, this bill would repeal this statute once and for all.
Provide Additional Legal Protections: The bill prohibits any person acting under color of 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. It would also authorize the U.S. Attorney General 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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