“Cornyn is among a number of Republicans, including Sens. Marco Rubio (R-FL), Bill Cassidy (R-LA), and Mitt Romney (R-UT) who’ve argued that taking the bill up is superfluous, as the GOP seeks to keep the focus on other issues like inflation.While Cornyn and Rubio oppose the bill, however, Cassidy and Romney are among the Republicans who have yet to say where they stand.”
“By their reasoning, lawmakers don’t need to consider this legislation, which has already passed the House and is known as the Respect for Marriage Act, because the Supreme Court will treat the Obergefell v. Hodges decision that established this right as settled law.
In his concurrent opinion in the recent Dobbs v Jackson Women’s Health Organization decision, however, Justice Clarence Thomas saidthat Obergefell was among the decisions he was interested in reconsidering. Previously, multiple justices also said they believed Roe was an established precedent only to vote to overturn it in Dobbs. That’s left Democrats arguing that the marriage bill Congress is weighing is vital to enshrine these protections into federal law in case the Supreme Court reverses the precedent set in Obergefell.”
“Ultimately, the Republican position is about deflection. GOP lawmakers would be taking an unpopular position if they opposed the bill, so they are instead claiming to be opposed to legislative redundancy and overreach. Additionally, this framing helps them avoid what some GOP lawmakers see as a lose-lose scenario: Opposing the measure could prompt backlash from moderate voters, while supporting it could enrage socially conservative members of their base.”