IV 
116TH CONGRESS 
2D SESSION 
H. RES. 1209 
Expressing support for Supreme Court decisions affirming the constitutionally 
protected right of same-sex couples to marry. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 30, 2020 
Mr. PAPPAS (for himself, Ms. CRAIG, Mr. TAKANO, Mr. SEAN PATRICK MALO-
NEY of New York, Mr. CICILLINE, Mr. CARSON of Indiana, Mr. HIGGINS 
of New York, Ms. TITUS, Mr. LYNCH, Mr. COOPER, Ms. GARCIA of 
Texas, Mrs. NAPOLITANO, Ms. DAVIDS of Kansas, Mr. PAYNE, Ms. NOR-
TON, Mr. MEEKS, Mrs. MURPHY of Florida, Ms. WASSERMAN SCHULTZ, 
Ms. KELLY of Illinois, Mr. DEUTCH, Mr. BEYER, Mr. COX of California, 
Ms. LEE of California, Mr. POCAN, Ms. MCCOLLUM, Ms. SCHAKOWSKY, 
Mr. NADLER, Mr. ROSE of New York, Mr. CUELLAR, Mr. KILMER, Mr. 
RASKIN, Mr. TRONE, Ms. CLARK of Massachusetts, Ms. MENG, Mr. PA-
NETTA, Mrs. TRAHAN, Mr. LARSEN of Washington, Mr. CASTEN of Illi-
nois, Mr. KENNEDY, Mr. HASTINGS, Mr. LARSON of Connecticut, Mr. 
SCHIFF, Mr. GRIJALVA, Ms. ROYBAL-ALLARD, Mr. CISNEROS, Ms. 
CLARKE of New York, Mr. SMITH of Washington, Mr. ROUDA, Mr. 
DESAULNIER, Ms. KAPTUR, Mr. DANNY K. DAVIS of Illinois, Mrs. LAW-
RENCE, Ms. SHALALA, Mr. WELCH, Mr. ESPAILLAT, Mr. LEVIN of Michi-
gan, Mrs. WATSON COLEMAN, Ms. KUSTER of New Hampshire, Mr. 
QUIGLEY, Mr. BROWN of Maryland, Mr. CA´RDENAS, Mrs. DAVIS of Cali-
fornia, Ms. DELBENE, Ms. PRESSLEY, Mr. KHANNA, Ms. JUDY CHU of 
California, Mr. KIM, Mr. MCEACHIN, Mrs. DEMINGS, Mr. SIRES, Ms. 
WEXTON, Mr. SOTO, Ms. WILD, Ms. DEAN, Mrs. LEE of Nevada, Ms. 
JOHNSON of Texas, Ms. JAYAPAL, Mr. HORSFORD, Mr. EVANS, Mr. KIL-
DEE, Mr. MCGOVERN, Mr. PALLONE, Ms. ESHOO, Mr. NEGUSE, Ms. 
SA´NCHEZ, Mr. CASTRO of Texas, Mr. CARBAJAL, Mr. LAWSON of Flor-
ida, Mr. DEFAZIO, Ms. ADAMS, Mr. SARBANES, Mr. PETERS, Ms. PIN-
GREE, Ms. MUCARSEL-POWELL, Mr. LOWENTHAL, Mr. FOSTER, Mrs. 
HAYES, Ms. HAALAND, Mr. CORREA, Mr. YARMUTH, Mr. LANGEVIN, Mr. 
DAVID SCOTT of Georgia, Ms. HOULAHAN, Mr. GOTTHEIMER, Ms. 
UNDERWOOD, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BERA, Mr. DOG-
GETT, Mr. STANTON, Mr. CASE, Mrs. CAROLYN B. MALONEY of New 
York, Ms. DEGETTE, Ms. ESCOBAR, Mr. SUOZZI, Mr. MOULTON, and 
Mr. TED LIEU of California) submitted the following resolution; which 
was referred to the Committee on the Judiciary 
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•HRES 1209 IH 
RESOLUTION 
Expressing support for Supreme Court decisions affirming 
the constitutionally protected right of same-sex couples 
to marry. 
Whereas, on June 26, 2013, the Supreme Court held in 
Windsor v. United States that the so-called Defense of 
Marriage Act unconstitutionally deprived same-sex cou-
ples of the liberty protected by the Fifth Amendment; 
Whereas pursuant to the Windsor ruling, same-sex couples 
cannot be deprived of Federal benefits and protections 
provided by the Government to married couples in a wide 
array of areas; 
Whereas Supreme Court Justice Ginsburg recognized that 
Federal marital benefits affect every area of life, and that 
denying them to married same-sex couples created, in ef-
fect, a ‘‘sort of skim milk marriage’’; 
Whereas married same-sex couples have accessed and relied 
upon these equal benefits, including some funded gen-
erally by all program participants, such as Social Secu-
rity survivor benefits, and many that can provide an es-
sential economic lifeline, such as retirement benefits and 
veteran and military benefits, as well as inheritance bene-
fits and other Federal tax benefits; 
Whereas, on June 26, 2015, the Supreme Court held in 
Obergefell v. Hodges that States may not deprive same- 
sex couples of the constitutionally protected freedom to 
marry; 
Whereas the Supreme Court confirmed in Obergefell v. 
Hodges that ‘‘the Constitution promises liberty to all 
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within its reach, a liberty that allows persons, within a 
lawful realm, to define and express their identity’’; 
Whereas, on June 27, 2017, the Supreme Court confirmed in 
Pavan v. Smith that it is unconstitutional to deny same- 
sex couples the benefits and responsibilities of marriage 
that are provided to different-sex couples; 
Whereas the Census Bureau has estimated there are approxi-
mately 543,000 same-sex married-couple households in 
the United States and almost 500,000 households with 
same-sex unmarried partners living together; 
Whereas there are an estimated 114,000 same-sex couples 
raising children in the United States; 
Whereas same-sex couples are seven times more likely than 
different-sex couples to be raising an adopted or foster 
child; 
Whereas same-sex couples may not be deprived of the right 
to marry and the protections and responsibilities of mar-
riages in 29 other countries; 
Whereas the European Court of Justice requires that all Eu-
ropean Union countries recognize same-sex couples’ mar-
riages for immigration purposes; 
Whereas, on October 5, 2020, Supreme Court Justice Thom-
as issued a Statement, with which Justice Alito joined, 
concerning the Court’s denial of a petition for a writ of 
certiorari in Kim Davis v. David Ermold; 
Whereas the Statement improperly invites legal challenges to 
the Supreme Court’s important Obergefell precedent by 
announcing the Justices are seeking to grant review of a 
case that ‘‘cleanly’’ challenges that precedent in order to 
address what they characterize as a ‘‘problem that only 
it can fix’’; 
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•HRES 1209 IH 
Whereas the Statement incorrectly asserts the Obergefell v. 
Hodges decision brands religious adherents as ‘‘bigots’’; 
Whereas the Statement wrongfully frames marriage equality 
for same-sex couples and religious liberty interests as 
mutually exclusive; 
Whereas marriage equality for same-sex couples does not im-
pinge upon the rights of clergy or religious institutions by 
forcing them to solemnize the marriages of same-sex cou-
ples, just as they are free not to solemnize the marriages 
of couples of different faith traditions; 
Whereas although the rulings in Windsor v. United States, 
Obergefell v. Hodges, and Pavan v. Smith are Supreme 
Court precedents preventing the Federal and all State 
governments 
from 
marriage-related 
discrimination 
against same-sex couples, Federal legislation is needed to 
prevent discrimination against same-sex couples and 
LGBTQ individuals in the private sector; 
Whereas, on May 17, 2019, the House of Representatives 
passed the Equality Act in a bipartisan vote; and 
Whereas, on May 20, 2019, the Senate received the Equality 
Act for consideration and has not acted on the bill: Now, 
therefore, be it 
Resolved, That the House of Representatives— 
(1) strongly opposes Justice Thomas and Jus-
tice Alito’s Statement in Davis v. Ermold; 
(2) acknowledges that same-sex couples have re-
lied and are relying upon the Supreme Court prece-
dent in United States v. Windsor, Obergefell v. 
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Hodges, and Pavan v. Smith, and other cases up-
holding the protections of same-sex couples; 
(3) recognizes that all Americans should be 
treated fairly and equally regardless of sexual ori-
entation or gender identity; and 
(4) acknowledges the need for express legisla-
tion prohibiting discrimination against LGBTQ peo-
ple. 
Æ 
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