NJ Rep. Votes No On Protecting Interracial, Same-Sex Marriages

NEW JERSEY — Every House legislator in New Jersey's delegation voted Tuesday in favor of a bill to codify interracial and same-sex marriage — except for one. Rep. Chris Smith (NJ-4) voted nay on the Respect to Marriage Act, splitting on the measure from 47 House Republicans in the "yea" column.

Democrats said the bill was necessary after the Supreme Court reversed Roe v. Wade earlier this summer, ending a half-century of constitutional protections on abortion. The June decision in the case that reversed Roe, Dobbs v. Jackson Women’s Health Organization, was one of the few times in history the Supreme Court has invalidated an earlier decision declaring a constitutional right.

It sparked fears other landmark cases, including the 2015 decision legalizing same-sex marriage, could fall next. Supreme Court Justice Samuel Alito's opinion in the Dobbs case said the decision shouldn't affect any rights besides abortion.

But Justice Clarence Thomas wrote in his concurring opinion that the high court "should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell" — landmark decisions regarding the right to contraception, the invalidation of anti-sodomy laws and the right to same-sex marriage.

Thomas — a Black man married to a white woman — didn't bring up Loving v. Virginia, which overturned laws banning interracial marriage. But his opinion has led to speculation that the Supreme Court could eventually reverse course on the matter.

The Respect for Marriage Act is the latest in Democrats’ push to codify rights that have been long considered settled law, but now seen as vulnerable with a firmly conservative Supreme Court. The bill passed the 265-157 in the House on a roll-call vote. The bill advanced to the Senate, where its chances of passing remain less certain.

All votes against the bill came from House Republicans. But about 20 percent of the GOP caucus supported the measure — signaling that at least some faction of the party accepts the decisions that constitutionally protected same-sex marriage, or that Republicans recognize personal freedoms are on the ballot in the November midterm elections.

Rep. Jeff Van Drew (NJ-2) — one of two Republicans representing New Jersey in the House, along with Smith — voted in favor of the Respect to Marriage Act. Van Drew and Smith have differed on LGBTQ rights for several years though.

While serving in the State Senate, Van Drew was one of two Democrats to vote against a 2012 bill to legalize same-sex marriage in New Jersey. (Van Drew switched to the Republican Party in 2020.)

The Human Rights Campaign — an LGBTQ-advocacy organization — gave Van Drew a 78 out of 100 on its latest scorecard for "measuring support for equality." Since joining Congress in 2019, Van Drew has voted for several bills that advance LGBTQ rights, such as the Equality Act, which writes out protections against anti-LGBTQ discrimination.

Comparatively, HRC gave Smith a 17 out of 100 in its recent scorecard. Smith has long voiced opposition to LGBTQ rights. Months before the Supreme Court's 2015 decision on same-sex marriage, Smith said, "I am a strong believer in traditional marriage and do not construe homosexual rights as human rights."

In 2018, Smith implied that living in an orphanage would be better for a child than adoption by a same-sex couple — the Washington Blade, an LGBTQ news outlet, published a recording of the exchange. When Smith spoke to Colts Neck High School students, one student asked him whether her sister, who is gay, should be allowed to adopt a child.

Smith said the issue was moot because of a 2017 Supreme Court ruling that legalized adoption by same-sex couples. But he stated, "many others who would like to adopt, who can acquire a child."

When another student asked why those other families are "more legitimate," Smith replied that "orphanages are still a possibility for some kids."

Smith has not publicly commented on his vote against the Respect to Marriage Act. Patch reached out to the congressman's office for comment and will update with any response.

See how representatives across the nation voted on the Respect to Marriage Act.