Following the Supreme Court’s shocking reversal of reproductive rights, the United States is at a crossroads. Emboldened by the defeat of Roe v. Wade, many conservative activists are putting other human rights protections in their crosshairs. Most notably, Justice Clarence Thomas has openly called for a reexamination of the legal doctrine that made marriage equality the law of the land. 

This is precisely the threat defenders of marriage equality and other human rights have warned about for over a year. A conservative super majority on the Supreme Court combined with the biggest challenge to Roe v. Wade in a decade make it clear that the human rights of all Americans are at risk. 

While many turned a blind eye, there were lawmakers in local jurisdictions that heeded the warning. Anticipating a coordinated attack on marriage equality, New Jersey’s legislative body took swift steps to guarantee the right of marriage to all citizens in its state constitution. A number of delegates in West Virginia’s state legislature followed suit.

Despite criticism and pressure from activists, the United States Congress has been much slower to act. While this failure has been both disappointing and frightening, there is evidence that the Roe v. Wade decision may force US lawmakers to stop taking rights for granted. 

Complacency Is the Enemy of Progress 

Since the Supreme Court ruled in favor of marriage equality with Obergefell v. Hodges, many Americans have taken the fight for equal rights for granted. Millions of people thought that the Obergefell ruling signaled a new era in American social attitudes. 

While affirming the right for all to marry was certainly cause for celebration, many people lost sight of just how miraculous the ruling truly was. Less than a decade before Obergefell was ordered, then-President George W. Bush attempted to pass a constitutional amendment restricting marriage to heterosexual couples exclusively. Similarly, while Barack Obama would ultimately affirm his belief in marriage equality, he declined to do so until 2012. 

Public policies on marriage equality covered incredible ground in a short period of time. Millions of same-gender loving couples know this. They understand that the fight never really ended. Sadly, conservative opponents of marriage equality understood this as well. Government officials like Ted Cruz, Clarence Thomas, and Marco Rubio are working to undermine equality to this day. 

Congress Wakes Up to Marriage Equality

Conservative activists have been very vocal about their intent to overturn Roe v. Wade since the decision in 1973. Sadly, progressives did not take this threat seriously. Now that Clarence Thomas and others like him have shown their willingness to take rights away, Congress appears motivated into action. In mid-July, the United States House of Representatives brought the Respect for Marriage Act (ROMA) to the floor. 

This bill is intended to repeal Bill Clinton’s archaic Defense of Marriage Act (DOMA) and ensure that the right to marry is federally protected. While 47 Republicans would join the House’s Democratic majority in support of this bill, the vote was still overwhelmingly along party lines. While this is certainly a good sign, the bill still needs to pass the Senate before it can be signed into law by the President. 

We’ll have to wait and see how the final vote will play out. The Democratic Party has a far stronger majority in the House compared to the Senate. What is certain is that there will need to be a significant number of Republicans who side with their opponents in the Democratic Party in order to make this bill a success. 

This is a critical time for millions of people in the United States. Hopefully, these events will serve as a reminder to all that human rights can never be taken for granted.