Act Now to Block This "Marriage" Bill

Nov 21, 2022

The “Respect for Marriage Act” has not passed in the Senate. What took place last week was a procedural vote. More votes on the bill and proposed amendments are still forthcoming.

This bill will not just repeal the Defense of Marriage Act (DOMA). It will also codify the Supreme Court’s 2015 unconstitutional 5-4 opinion regarding same-sex marriage (SSM) in Obergefell v. Hodges. It will impose any radical (and wrong) definition of marriage on every state if just one state or territory recognizes it. And it doesn’t include religious freedom protections.

But the fight isn’t over. There is still a chance to block this misnamed bill that redefines marriage, destroys states’ rights and overrides religious freedom.

Some senators cast the procedural vote to proceed based on a thin promise that some religious accommodation amendment would be added to the bill. That was dumb. The debate now is about such an amendment proposed by Sens. Tammy Baldwin (D-WI) and Susan Collins (R-ME), that, by the way, does little to protect religious freedom.

This debate could easily blow up because the pro-LGBTQ Human Rights Campaign opposes religious accommodation in any bill. Some senators won’t support the bill without such an amendment, even if it’s window dressing. The fight is far from over. There has not been a final vote on HR 8404 and a lot could still happen. That’s why you still need to act!

Rush your urgent faxes to the Senate to block the “Respect for Marriage Act.” —Mat

Justice Clarence Thomas is right. The Supreme Court’s same-sex marriage opinion is on the same shaky legal ground as abortion was—as a made-up “right” pulled out of thin air. Those pushing the LGBTQ agenda are in a tailspin about this fact.

Misnamed the “Respect for Marriage Act,” this bill undermines marriage in several ways:

First, when Obergefell is overruled, HR 8404 will continue same-sex marriage.

Second, HR 8404 goes far beyond same-sex marriage because it empowers one state to set national marriage policy—including incestuous marriage (father-daughter or mother-son) and more.

Third, while it currently applies to “a marriage between 2 individuals,” the bill would open the door to polygamy and polyamory by simply striking “2” before or after the bill is passed.

Note, the bill does not say that marriage is only for two individuals, but that the bill requires a state to recognize “a marriage between 2 individuals.” The deconstruction of marriage is the stated goal of some LGBTQ advocates.

The bill could allow one person to enter more than one marriage between two people all at the same time, thus authorizing polygamy. Every House Republican member from Utah supported this bill. 

That is one of the many perversions of marriage allowed by this bill. It has no limits on the age of the individuals, no limits on family relationships and no requirements of the marital status of someone who wants to marry.  

The Senate is very close to passing HR 8404. The senators must hear from you. STOP HR 8404 with your urgent faxes to the Senate.

When the U.S. Supreme Court ruled on marriage in Obergefell v. Hodges, some Justices warned that the decision could have a damaging and serious impact on people of faith. Chief Justice John Roberts took the unusual step of reading his dissent from the bench. He referred to the five Justices as “lawyers” who imposed “an act of will, not legal judgment.” He also said, “Just who do they think we are?”

I have been on the front lines of defending people of faith and the warning in Obergefell has come true. Kentucky clerk Kim Davis was the first person to face persecution and even jail.

Business owners are being bankrupted and shut down if they do not accept and promote same-sex marriage. Even schools are worried about their accreditation status, and organizations are worried about their tax-exempt status if they do not comply.

Justice Clarence Thomas wrote in a later opinion that “Since Obergefell, parties have continually attempted to label people of good will as bigots merely for refusing to alter their religious beliefs in the wake of prevailing orthodoxy.” Regarding Kim Davis, he wrote, “those with sincerely held religious beliefs will find it increasingly difficult to participate in society without running afoul of Obergefell.”

This level of persecution is happening under a Court ruling, but under a federal law, the ability to target and attack people of faith will increase!

Sen. Chuck Schumer (D-NY) is trying several different strategies to get this on Joe Biden’s desk. The vote on this bill will be very close. We need every senator we can get to stop this bill. YOU can make the difference.

Working together, we can stop HR 8404 from passing! Everyone must speak up NOW by sending a fax and signing the petition!

BIG LEGAL NEWS! Liberty Counsel settled the Camp Constitution Christian flag case in Boston for over 2.1 million dollars. And next month, we return to court for the judge to approve the nation’s first classwide lawsuit settlement for health care workers over a COVID shot mandate for more than 10.3 million dollars.

We are holding the wrongdoers accountable while establishing national precedent.

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Mat Staver
Founder and Chairman
Liberty Counsel


“Obergefell v. Hodges.” Legal Information Institute. Cornell Law School. Accessed July 25, 2022.

“(Order List: 592 U.S.) October 5, 2020 CERTIORARI -- SUMMARY DISPOSITIONS,” 2020.

Schumer, Chuck. “Last night, the House. . .” Twitter account: @SenSchumer. July 20, 2022.