Congressional Record, Senate, November 16, 2022 — Respect for Marriage Act, H.R. 8404
Summary
The Congressional Record, Senate, Vol. 168, No. 177, for Wednesday, November 16, 2022. The Senate met at 1:45 p.m., the Chaplain, Dr. Barry C. Black, offered the prayer, and the Senate resumed consideration of the motion to proceed to H.R. 8404, a bill to repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, headed the Respect for Marriage Act. Ms. Baldwin of Wisconsin thanks the House Judiciary chairman and the House Equality Caucus and notes that the bill passed the House by a vote of 267 to 157, with all Democrats and 47 Republicans supporting it. She tells the story of friends Margaret and Denise and their daughter Maria. The remarks are the Senator's own.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, Senate, November 16, 2022 — Respect for Marriage Act, H.R. 8404.”
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Congressional Record
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117 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 168 WASHINGTON, WEDNESDAY, NOVEMBER 16, 2022 No. 177
Senate
The Senate met at 1:45 p.m. and was LEGISLATIVE SESSION to put a face on this debate; actually,
called to order by the President pro more accurately, three faces.
tempore (Mr. LEAHY). Let me introduce you to my dear
RESPECT FOR MARRIAGE ACT— friends Margaret, Denise, and their
f Motion to Proceed—Resumed daughter Maria, and just tell you a lit-
The PRESIDENT pro tempore. Under tle bit about them and then how this
PRAYER the previous order, the Senate will re- underlying issue impacts them.
sume consideration of the motion to The marriage and long partnership
The Chaplain, Dr. Barry C. Black, of- that my dear friends Denise and Mar-
fered the following prayer: proceed to H.R. 8404, which the clerk
will report. garet share began in Oklahoma in 1981.
Let us pray. They were there as organizers, working
The legislative clerk read as follows:
O, God who keeps us in the midst of to pass the Equal Rights Amendment
Motion to proceed to Calendar No. 449,
dangers, shelter us from temptations. H.R. 8404, a bill to repeal the Defense of Mar- in that State. They were organizing
Keep us from the pride that encourages riage Act and ensure respect for State regu- support for the ERA so that we might
us to think of ourselves more highly lation of marriage, and for other purposes. add a few simple words to the U.S. Con-
than we ought. Save us from procrasti- The PRESIDENT pro tempore. The stitution, specifically, ‘‘Equality of
nation, from refusing to face the un- Senator from Wisconsin. rights under the law shall not be de-
pleasant, and from analyzing things Ms. BALDWIN. Mr. President, I want nied or abridged by the United States
until it is too late to ever do them. to begin by thanking and recognizing or by any State on account of sex.’’
Today, guide our lawmakers away the House Judiciary chairman, JERRY That they met one another during a
from the temptations of criticism and NADLER, and the entire House Equality struggle for social justice surprised no
fault-finding. Give them the strength Caucus for introducing the House bill one who knew either Denise or Mar-
to resist the weakness of thinking the and starting up this effort. garet, for, really, the pursuit of equal-
worst of others. This legislation passed the House of ity and equity and justice has defined
Lord, provide us all with the purity Representatives with a strong bipar- each of them as individuals as well as
to overcome evil with good. tisan vote of 267 to 157, with all Demo- life partners.
We pray in your powerful Name. crats and 47 Republicans supporting Their professional and personal lives
Amen. the bill. and the movements for women’s rights,
I also want to extend my heartfelt LGBTQ rights, educational equity, af-
f appreciation for my Senate colleagues fordable housing, economic justice—
who have worked tirelessly to get us up they are all inextricably linked.
PLEDGE OF ALLEGIANCE to this point. I want to thank the lead Their first date occurred in December
The President pro tempore led the sponsor of the bill, Senator FEINSTEIN, of 1981 over coffee in Oklahoma City.
Pledge of Allegiance, as follows: and also thank and recognize the hard And as that ERA campaign came to an
work and effort of Senator COLLINS, unsuccessful close in 1982, they chose
I pledge allegiance to the Flag of the
United States of America, and to the Repub- Senator PORTMAN, Senator SINEMA, and to move together to Madison, WI. I viv-
lic for which it stands, one nation under God, Senator TILLIS for their steadfast com- idly recall meeting them shortly there-
indivisible, with liberty and justice for all. mitment. We couldn’t be where we are after in the autumn of 1984.
right now without their efforts. Denise hailed from Milwaukee, WI—
f I also want to thank the staff of all this is Denise—Margaret, from Webster
of these offices for the long hours and City, IA. They were incredibly and are
RESERVATION OF LEADER TIME hard work that went into this legisla- incredibly committed to one another,
tion, including my own counsel, Becca but they also determined, as they got a
The PRESIDENT pro tempore. Under little older, that something was miss-
Branum, and my chief of staff, Ken
the previous order, the leadership time ing. Actually, I want to say someone
Reidy.
is reserved. was missing. Denise’s and Margaret’s
Lastly, I want to thank all of the ad-
vocates who have fought for marriage journey to find that someone was ardu-
f
equality for decades. ous. Yet they never gave up.
We are on the cusp of a historic vote In 2003, after working with an adop-
CONCLUSION OF MORNING in the Senate because of everybody’s tion agency for many years, Denise re-
BUSINESS efforts. ceived a video of their daughter, this
The PRESIDENT pro tempore. Morn- I decided, in thinking about what I lovely, brown-eyed Maria. And the fam-
ing business is closed. wanted to share today, that I wanted ily you now see here—this is, actually,
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∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
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S6716 CONGRESSIONAL RECORD — SENATE November 16, 2022
several years old. Maria is now a soph- America. Some have said that there is bars Federal recognition of same-sex
omore at the University of Wisconsin, no case currently making its way up to marriages and was ruled unconstitu-
Madison campus, so a little bit dated. the U.S. Supreme Court challenging tional by a narrow 5–4 Supreme Court—
But I wanted to put a face or a series these rights so there is nothing really that law is still on the books.
of faces on this because it is such an to worry about. Others have suggested Given this landscape, it is not unrea-
all-American family and an all-Amer- that proponents of the Respect for sonable for same-sex and interracial
ican story. Marriage Act are raising the issue just couples to be fearful that the protec-
But as everyone knows about the de- to drive further divisions among Amer- tions of their marriages are in real
bate we are about to enter, marriage icans. jeopardy. The fact that the constitu-
was not an option for Margaret and I believe that there is an urgency to tional principles of liberty, privacy,
Denise until after the Obergefell deci- pass the Respect for Marriage Act in self-determination, and equal treat-
sion. The things that most married order to heal such divisions and pro- ment under the law, upon which Roe v.
people take for granted are things that vide certainty to married interracial Wade was originally decided, are the
couples like Margaret and Denise had and same-sex couples that the protec- same constitutional principles on
to think about and had to figure out tions, rights, and responsibilities that which the Loving and Obergefell cases
how do they protect one another, how flow from their marriages will endure. were decided makes the Supreme
do they protect their family. Right now, millions of Americans— Court’s reversal of Roe v. Wade all the
We often think, when we think about our family members, our neighbors, more shocking and frightening to those
marriage, of the wedding and the cere- our congressional staff members, and, in interracial and same-sex marriages.
mony and the celebration, but we don’t certainly, our constituents—are scared; Several of my colleagues have main-
often think about the hundreds upon scared that the rights they rely upon tained that, even if the Court may
hundreds of rights and responsibilities to protect their families could be taken someday revisit these cases, there is no
that civil marriage confers upon cou- away. And they are scared for good rea- urgency right now since there is no
ples. son. case challenging interracial or same-
Margaret and Denise were telling me Let’s face it. Regardless of your posi- sex marriage that is currently making
about their recollection of when the tion on the issue of abortion, the high- its way up to the Supreme Court. But
city of Madison passed a domestic part- est Court of the land has just over- think about today’s world. Given the
nership ordinance allowing them to turned a precedent of nearly 50 years. Supreme Court’s use of procedural
register. And when that happened, for There is no questioning that. And the mechanisms like cert before judgment
the first time, they could be on one an- same legal arguments that the Su- or use of a shadow docket, cases often
other’s health insurance. That is some- preme Court rested upon to reverse Roe reach the Supreme Court faster than
thing that married couples kind of v. Wade could just as easily be applied ever before.
take for granted—that they could have to reverse numerous other cases re- And when it comes to the merits, one
one another on their health insurance. lated to families, related to intimate needs to pay attention to the concur-
They had to think a lot about what relations, to contraception, and mar- ring opinion of Justice Clarence Thom-
they would do in an emergent situation riage. as in the Dobbs decision. In his opin-
where one might be in the hospital be- In the wake of the Supreme Court’s ion, Justice Thomas explicitly said
cause without marriage, you are tech- decision to overturn Roe v. Wade, in that the rationale used to overturn Roe
nically legal strangers. And, literally, the Dobbs case access to abortion care v. Wade should be used to overturn
if Margaret were in the hospital after or denial of such care has been left in cases establishing rights to contracep-
an accident, for example, Denise, with- the hands of the States. By the way, in tion, same-sex consensual relations,
out having the appropriate papers—a Wisconsin, we are subject to a criminal and same-sex marriage. He was essen-
healthcare power of attorney—would abortion law that was passed in 1849, 1 tially providing an open invitation to
be viewed as a legal stranger and po- year after Wisconsin became a State litigators across the country to bring
tentially denied access. and before women had the right to vote their cases to the Court, inevitably in-
Adoption is something that has made and certainly before women served in stilling fear among millions of Ameri-
many a family in the United States. the legislature that serves to rule upon cans.
Yet prior to marriage rights, Denise their rights. The Supreme Court should not be in
and Margaret had to make a choice of There are landmark cases related to a position to undermine the stability of
only one who would have the official marriage that could be threatened families with the stroke of a pen. So
adoption, but then they had to go should the Supreme Court consider now Congress must act, and Congress is
through a whole bunch of legal cases challenging those earlier deci- acting with a full-throated endorse-
rigamarole, if you will, so that Mar- sions. One such case is Loving v. Vir- ment from the American people. More
garet, if need be had to go to a parent- ginia, which was decided in 1967. The than 70 percent of Americans support
teacher conference or to pick Maria up Supreme Court ruled in Loving that marriage equality, including a major-
at school, had some documentation at State laws prohibiting interracial mar- ity of Democrats, Republicans, and
the school that she, too, was a parent. riage were unconstitutional based upon Independents.
Estate planning, you have to think the equal protection and due process This legislation unites Americans.
about that. You had to think about clauses of the 14th Amendment and its With the Respect for Marriage Act, we
that intently prior to marriage rights liberty provisions. At the time of the can ease the fear that millions of same-
being conferred. Loving decision, 16 States had laws sex and interracial couples have that
I wanted you to get a quick chance to banning interracial marriage. And you their freedoms and their rights could
meet Margaret and Denise and Maria might be surprised to learn that it be stripped away. By passing this bill,
because they reflect the experiences of took until the year 2000 for the last we are guaranteeing same-sex and
literally tens of millions of people in State to repeal the law on its books interracial couples, regardless of where
the United States. It is why the banning interracial marriage. they live, that their marriage is legal
Obergefell decision was so key. Another landmark case relates to and that they will continue to enjoy
I want to switch to focus on why it is same-sex marriage. In Obergefell v. the rights and responsibilities that all
so critical that we adopt the Respect Hodges, the Supreme Court decided in other marriages are afforded. And this
for Marriage Act—because Obergefell 2015 that the equal protection and due will give millions of loving couples the
right now is the law of the land, but process clauses of the 14th Amendment certainty, the dignity, and the respect
there is great concern that that legal prohibit States from outlawing and re- that they need and that they deserve.
dlhill on DSK120RN23PROD with SENATE
precedent could be in jeopardy. fusing to recognize same-sex mar- For my dear friends Margaret and
Some of my colleagues have ques- riages. Denise and their daughter Maria, pass-
tioned the urgency and maybe even the Some 35 States across the country ing this legislation will remove the
necessity of passing the Respect for prohibit same-sex marriage in their weight of the world from their backs.
Marriage Act. Some have asserted that laws, constitutions, or both. And the While they worry just like the rest of
there is no threat to these rights in so-called Defense of Marriage Act that us about the cost of living and staying
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November 16, 2022 CONGRESSIONAL RECORD — SENATE S6717
healthy and saving for retirement, Obergefell found that the fundamental nonetheless in our amendment that in
passing this bill will take away a worry right to marry is guaranteed by our no way would the Federal Government
that someday their marriage might be Constitution. or other States be required or author-
on the chopping block at no fault of Madam President, let us remember ized in any way to recognize polyg-
their own. that we are talking about our family amous marriages.
By the way, I think I failed to men- members, our friends, our coworkers, Moreover, the amendment clarifies
tion it, but I was so honored back in our neighbors. I am proud to have that the bill could not be used to deny
December of 2018 to be a copresider at stood with them, and I will continue to or alter the tax-exempt status or any
their wedding. The wedding took place stand with them in efforts to protect other status—tax treatment, grant,
37 years after they first met and be- and secure their rights, while at the contract agreement, guarantee, edu-
came a couple, and it happened on same time steadfastly protecting and cational funding, loan, scholarship, li-
Maria’s Sweet Sixteen birthday. respecting religious liberty. cense, certification, accreditation, ben-
But for the millions of other Ameri- The Respect for Marriage Act would efit, right, claim, or defense not arising
cans in same-sex and interracial mar- accomplish two primary goals. First, it from a marriage—for any otherwise eli-
riages, this shows that the American would guarantee that a valid marriage gible person or entity. In other words,
Government and people see them and between two individuals in one State is no church, no synagogue, no mosque,
respect them. given full faith and credit by other no temple, no religious educational in-
With that, I encourage all of my col- States, meaning that States must rec- stitution would have to worry that
leagues to vote yes on the motion to ognize a valid marriage for purposes of somehow their tax-exempt status
proceed to the Respect for Marriage public acts, judicial proceedings, and would be in jeopardy if they do not per-
Act and to help come together to move rights arising from a marriage regard- form same-sex marriages that are con-
our country forward. less of that couple’s sex, race, eth- trary to their religious beliefs.
I yield the floor. nicity, or national origin. That means Let me repeat that because this has
The PRESIDING OFFICER (Ms. that same-sex and interracial couples been coming up time and again. For
ROSEN). The Senator from Maine. can rest assured that their marriages the first time and consistent with the
Ms. COLLINS. Madam President, I will be recognized regardless of the First Amendment and the laws of
rise today to express my strong support State in which they live. many States, this legislation would
for the Respect for Marriage Act, a bi- We need to remove the cloud that is make clear in Federal law that non-
partisan bill that Senator BALDWIN and now over these couples that is causing profit religious organizations and reli-
I have introduced with our colleagues them such consternation, as my col- gious educational institutions cannot
Senator FEINSTEIN, Senator PORTMAN, league from Wisconsin has mentioned. be compelled to participate in or sup-
Senator SINEMA, and Senator TILLIS. Second, it would require the Federal port the solemnization or celebration
Madam President, this bill recognizes Government to recognize a marriage of marriages that are contrary to their
the unique and extraordinary impor- between two individuals if the mar- religious beliefs.
tance of marriage on an individual and riage was valid in the State where it Madam President, I ask unanimous
societal level. It would help promote was performed. It would do so by get- consent to have printed in the RECORD
equality, prevent discrimination, and ting rid of a law that is on the book, at the end of my statement an excel-
protect the rights of Americans in known as the Defense of Marriage Act, lent analysis by the 1st Amendment
same-sex and interracial marriages. It which has been invalidated by the Su- Partnership.
Some have said that this bill is un-
would accomplish these goals while preme Court’s ruling yet remains on
necessary because there is little risk
maintaining and indeed strengthening the books.
that the right to have a same-sex or
important religious liberty and con- With these changes, Federal law will
interracial marriage recognized by the
science protections. provide that all married couples are en-
government will be overturned by the
I am proud to be the lead Republican titled to the rights and responsibilities
Supreme Court. Regardless of one’s
sponsor of this legislation, and I am of marriage. This includes, for exam-
views on that possibility, there is still
grateful that a similar bill passed the ple, making medical decisions for an ill
value in ensuring that our Federal laws
House with strong bipartisan support. spouse and receiving spousal benefits reflect that same-sex and interracial
As the Senate considers and prepares from programs like Social Security couples have the right to have their
to vote on this historic legislation, I and Medicare, as well as those benefits marriages recognized regardless of
would be remiss if I did not begin by earned from service in our Armed where they live in this country.
recognizing the tremendous progress Forces. I strongly believe that passing this
that LGBTQ individuals in this coun- To remove any ambiguity about the bill is the right thing to do, and the
try—in our country—have made in re- intent and scope of this bill, I have American people agree. Indeed, more
cent times in achieving equal rights. worked with my Senate colleagues on than 70 percent of Americans support
It was not long ago that patriotic both sides of the aisle, as well as with marriage equality, including a major-
Americans could not be honest about a coalition of religious organizations, ity of Democrats, Republicans, and
their sexual orientation while fighting to develop an amendment designed to Independents.
to protect our country—our freedoms— clarify the language and address con- As I wrote in a Washington Post op-
in the Armed Forces. I led the fight cerns that have been raised with the ed with my colleague Senator BALDWIN,
with former Senator Joe Lieberman of House version of our bill. ‘‘Millions of American families have
Connecticut to repeal the discrimina- First and foremost, this legislation come to rely on the promise of mar-
tory don’t ask, don’t tell law. would not diminish or abrogate any re- riage equality and the freedoms, rights
It was not long ago in America that ligious liberty or conscience protec- and responsibilities that come with
a person could be fired merely for being tions afforded to individuals and orga- making the commitment of marrying
gay. I strongly supported the Employ- nizations under the U.S. Constitution the one you love. . . . Individuals in
ment Non-Discrimination Act, known and Federal law, including the First same-sex and interracial marriages
as ENDA, which passed the Senate in Amendment and the Religious Freedom need, and should have, the confidence
2013 and would have prohibited such Restoration Act. Through our amend- that their marriages are legal.’’
discrimination. Seven years later, the ment, this fact is now stated explicitly Simultaneously, we must also recog-
Supreme Court in Bostock held that in our bill. nize that people of good conscience
the Civil Rights Act protects employ- The amendment also makes clear may disagree on issues relating to mar-
ees from discrimination based on their that this bill only applies to valid mar- riage. For many Americans, marriage
dlhill on DSK120RN23PROD with SENATE
sexual orientation or gender identity. riages between two individuals. In is more than just a legal union; it is a
And it was not long ago in America other words, it does not authorize or religious institution grounded in their
that individuals could not marry the require recognition of polygamous faith.
person whom they loved if that person marriages. They are already prohibited As Justice Kennedy, writing for the
were of the same sex. The Supreme in all 50 States. This really was a straw majority of the Supreme Court, ex-
Court’s landmark decision in argument, but we have made it clear plained in the Obergefell decision,
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S6718 CONGRESSIONAL RECORD — SENATE November 16, 2022
‘‘[M]arriage, in their view, is by its na- gious organizations in any way related to ments of the Constitution. But they haven’t
ture a gender-differentiated union of their views on marriage. Even if this clause gained any legal victories with this extreme
man and woman. This view long has will be rarely used in practice, it sets a very theory, and their ‘‘case’’ has at most one
firm floor of religious protections that it will vote on this Supreme Court.
been held—and continues to be held—in
be difficult for future Congresses to reverse. DON’T THE RELIGIOUS PROTECTIONS IN THE
good faith by reasonable and sincere
WHY SHOULD CONSERVATIVES WHO OPPOSED RMA LACK AN ENFORCEMENT MECHANISM?
people here and throughout the world.’’
THE OBERGEFELL DECISION SUPPORT THE RE- It doesn’t need one. Religious liberty
He went on to explain that ‘‘neither SPECT FOR MARRIAGE ACT? amendments have limited the RMA to avoid
they nor their beliefs are disparaged impacts on religion. The RMA states, ‘‘noth-
Obergefell isn’t going to be overturned.
here.’’ After all, Justice Thomas’s concurrence in ing in this act shall be construed to . . .’’
The same principle applies to our leg- Dobbs was not signed by any other justice. and then lists things the RMA can’t do to
islation, and that is explicitly ac- Most conservatives wouldn’t want to nullify harm religion. We understand that progres-
knowledged in the amended bill. Thus, the marriages made legal by Obergefell any- sive activists abuse the courts all the time,
it is important to me that our bill how. Now, with Obergefell as the legal basis but the RMA doesn’t hand them any new
would not affect or diminish in any for same-sex marriage, there are no explicit tools and this Supreme Court would never
corresponding religious freedom protections. entertain the idea that it does.
way religious liberty and conscience
protections. Any interpretation of this Enacting RMA will put into law real reli- DOES THE RMA THREATEN THE STATUS OF
gious protections that can’t be won alone. FAITH-BASED SCHOOLS TO FULLY PARTICI-
legislation that would limit the appli- PATE IN STATE FUNDED SCHOOL CHOICE PRO-
And enactment of the amended RMA sends a
cability of these protections for indi- GRAMS?
strong bipartisan message to Congress, the
viduals or entities because they have Administration, and the public that gay No. The RMA addresses recognition by the
religious objections to same-sex mar- rights can’t trample religious freedom. federal government and state governments of
riages would be contrary to the plain IS THIS A GOOD DEAL FOR RELIGIOUS lawful same-sex marriages as required by
language of our bill. FREEDOM? Obergefell. Section 6(a) of the RMA expressly
Madam President, I ask unanimous Yes. Religious freedom advocates get pro-
states that it cannot be used to diminish ex-
consent to have printed in the RECORD isting religious liberties. Section 7(a) states
tections that they have sought on a stand-
at the conclusion of my statement a se- that the RMA cannot be used to alter the eli-
alone basis but been unable to enact. Courts
ries of letters from religious organiza- gibility for grants, accreditation, or ‘‘edu-
might grant some of these protections even-
cational funding’’ benefits for which a faith-
tions that endorse the religious liberty tually, but litigation is costly and takes
based entity is otherwise eligible. The RMA
provisions of our bill. years to see results. In return, gay marriage
does not attempt to reach all future legal
They include letters from Elder Jack advocates get something they already have:
disputes arising in state legislatures over
Gerard from the Church of Jesus Christ recognition of legal gay marriages, albeit
LGBT rights. But the clear ‘‘teaching’’ of the
of Latter-day Saints, Melissa Reid now on statutory grounds.
bipartisan Senate version of the RMA is that
from the Seventh-day Adventist WHY SHOULDN’T CONSERVATIVES DEMAND religious liberty in this space must be pro-
Church, Nathan Diament from the STRONGER RELIGIOUS FREEDOM PROTEC- tected. The Congress is weighing in very
TIONS IN THE RMA? clearly to that effect.
Union of Orthodox Jewish Congrega-
tions, and from a host of other organi- Senator Lee and others rightly desire to --
enact even broader religious protections. But NOVEMBER 15, 2022.
zations: the Council for Christian Col-
our wish list is not going to be enacted into Re The Respect for Marriage Act (H.R. 8404).
leges and Universities, the AND Cam- law all at once without major compromise. DEAR SENATORS: We are leaders of faith-
paign, the Institutional Religious Free- The similar ‘‘First Amendment Defense Act’’ based organizations representing tens of mil-
dom Alliance, the Center for Public never moved, even when Republicans had lions of Americans and hundreds of religious
Justice, and Tim Schultz of the 1st majorities. Any amendment demanding institutions. All our organizations hold to an
Amendment Partnership. We have broader protections is therefore a messaging understanding of marriage as between one
worked very closely with all of them. device that conservatives can vote for, even man and one woman. Many of us privately
Madam President, in closing, let me though it will not have the 60 votes needed expressed concerns about the House-passed
once again salute the leadership of to pass the Senate. version of the Respect for Marriage Act.
Conservatives should rest well still voting We are gratified by the substitute religious
Senator BALDWIN, as well as Senator
for the achievable protections in the RMA, freedom language offered by Senators Col-
PORTMAN, Senator TILLIS, and Senator knowing that they are still much more than lins, Baldwin, Sinema, Portman, Tillis, and
SINEMA, for their tireless efforts on conservatives have been able to pass in the Romney. It adequately protects the core reli-
this important legislation. eight years since Obergefell. gious freedom concerns raised by the bill, in-
Let’s do the right thing. Let’s vote to DOES THE RMA CREATE NEW RISKS FOR FOR- cluding tax exempt status, educational fund-
proceed to this important bill, and let PROFT ENTITIES LIKE WEDDING VENDORS? ing, government grants and contracts, and
us pass it. I urge all of my Senate col- No. The RMA doesn’t contain non-dis- eligibility for licenses, certification, and ac-
leagues to join me in supporting the crimination requirements that would put creditation. If passed, it would continue to
Respect for Marriage Act. bakers and other for-profit entities providing build on the congressional wisdom rep-
There being no objection, the mate- wedding services in jeopardy. The Equality resented by the Religious Freedom Restora-
tion Act of 1993 (RFRA).
rial was ordered to be printed in the Act would create those risks, not the RMA.
Attached are many statements from indi-
RECORD, as follows: Note that there is no politically viable way
vidual organizations.
to protect these for-profit religious entities
WHAT DO RELIGIOUS FREEDOM SUPPORTERS Sincerely,
in statute without at the same time advanc-
GET IN THE AMENDED SENATE VERSION OF ELDER JACK N. GERARD,
ing LGBT non-discrimination (like the
THE RESPECT FOR MARRIAGE ACT (RMA)? The Quorum of the
Equality Act). Congress can, however, sketch
1) Explicit Congressional support for the Seventy, The Church
out a vision of balanced fair play that this
truth that traditional marriage supporters of Jesus Christ of
Supreme Court will find attractive. That’s
and their beliefs are decent and honorable. Latter-day Saints.
exactly what the RMA does.
This was stated by the Supreme Court in MELISSA REID,
WON’T THE RMA BE USED BY PROGRESSIVE Director of Govern-
Obergefell, but many progressives refuse to
ACTIVISTS TO SUE FAITH-BASED NON-PROF- ment Affairs, Sev-
acknowledge it. Congress endorsing this
ITS, INCLUDING ADOPTION AGENCIES? enth-day Adventist
truth in a bipartisan law is a big deal. This
can be cited in all future cases where pro- No. We share your mistrust of progressive Church—North
gressives equate traditional beliefs about activities. But the RMA doesn’t hand them American Division.
marriage with racism. any new litigation tools. Gay marriage is al- NATHAN J. DIAMENT,
2) Demonstration that gay rights legisla- ready legal—see Obergefell. Private rights of Executive Director for
tion will not pass without addressing reli- action to enforce legal gay marriage are al- Public Policy, Union
gious liberty concerns. This has been denied ready available under Section 1983. of Orthodox Jewish
by many progressive activists, who falsely Crucially, the RMA allows lawsuits only Congregations of
use words like ‘‘license to discriminate’’. against those ‘‘acting under color of state America.
dlhill on DSK120RN23PROD with SENATE
3) Explicit protections under federal law law.’’ Neither current law nor the RMA de- SHIRLEY HOOGSTRA,
against non-profit religious organizations fines non-profits that receive government President, Council for
that support traditional marriage having to money as ‘‘acting under color of state law.’’ Christian Colleges
facilitate marriages that violate their reli- Left-wing gadflies have long sought to rede- and Universities.
gious convictions. fine all civil society organizations (faith REV. JUSTIN E. GIBONEY,
4) A non-retaliation clause: the Act cannot based and otherwise) as ‘‘state actors,’’ sub- President, AND Cam-
be used by federal agencies to punish reli- ject to the full equal treatment require- paign.
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November 16, 2022 CONGRESSIONAL RECORD — SENATE S6719
STANLEY CARLSON-THIES, leadership of the Orthodox Union ‘‘reiter- of Christ-centered higher education and help
Founder and Senior ated(ed) the historical position of the Jewish our institutions transform lives by faithfully
Director, Institu- faith . . . Our religion is emphatic in defin- relating scholarship and service to biblical
tional Religious ing marriage as a relationship between a truth. CCCU institutions adhere to Biblical
Freedom Alliance. man and a woman. Our beliefs in this regard values and traditions, including teaching the
STEPHANIE SUMMERS, are unalterable.’’ At the same time, we noted Biblical understanding of marriage as be-
CEO, Center for Public ‘‘that Judaism teaches respect for others and tween one man and one woman as an essen-
Justice. we condemn discrimination against individ- tial foundation for a thriving society.
TIM SCHULTZ, uals.’’ Since the Obergefell v. Hodges decision, the
President, 1st Amend- At the time, our leadership said that ‘‘in CCCU and other religious and First Amend-
ment Partnership. the wake of today’s ruling, we turn to the ment groups have sought to both uphold
next critical question for our community, their sincere convictions regarding marriage
STATEMENT FROM THE CHURCH OF JESUS and other traditional faith communities— and, in the spirit of Obergefell, advocate for a
CHRIST OF LATTER-DAY SAINTS will American law continue to uphold and balanced legislative approach that preserves
The doctrine of The Church of Jesus Christ embody principles of religious liberty and di- religious freedom and addresses LGBTQ civil
of Latter-day Saints related to marriage be- versity, and will the laws implementing to- rights. This carefully crafted amendment in-
tween a man and a woman is well known and day’s ruling and other expansions of civil cludes both strong religious liberty language
will remain unchanged. rights for LGBT Americans contain appro- recognized in the Obergefell decision and non-
We are grateful for the continuing efforts priate accommodations and exemptions for retaliation language that ensures this legis-
of those who work to ensure the Respect for institutions and individuals who abide by re- lation cannot be used by state and federal
Marriage Act includes appropriate religious ligious teachings that limit their ability to agencies to punish religious organizations
freedom protections while respecting the law support same-sex relationships? for their sincerely held beliefs.
and preserving the rights of our LGBTQ As the U.S. Senate prepares to consider This amendment provides explicit Congres-
brothers and sisters. H.R. 8404 the leadership of the Orthodox sional support for the truth that traditional
We believe this approach is the way for- Union, in light of the religious principles re- marriage supporters and their beliefs are de-
ward. As we work together to preserve the iterated above, cannot endorse the main pur- cent and honorable as was stated by the Su-
principles and practices of religious freedom pose of H.R. 8404. However, we welcome the preme Court in Obergefell. It also sends a
together with the rights of LGBTQ individ- provisions added to this bill by your amend- strong bipartisan message to Congress, the
uals much can be accomplished to heal rela- ment in the nature of a substitute in the Administration, and the public that LGBTQ
tionships and foster greater understanding. Senate that appropriately address religious rights can co-exist with religious freedom
liberty concerns (provisions that were absent protections, and that the rights of both
DEAR SENATORS COLLINS, BALDWIN, and in the version of the bill passed by the House groups can be advanced in a way that is pru-
PORTMAN: The Seventh-day Adventist of Representatives). dent and practical.
Church in North America would like to ex- As amended, Section 2 of H.R. 8404 recog- Sincerely,
press our profound appreciation for your nizes that ‘‘diverse beliefs about the role of SHIRLEY V. HOOGSTRA, J.D.,
commitment to the protection of this na- gender in marriage are held by reasonable President.
tion’s historical and treasured religious free- and sincere people based on decent and hon-
doms in the context of the codification of orable religious or philosophical premises.’’ NOVEMBER 15, 2022.
same-sex marriage recognition. Section 6 of H.R. 8404 provides that ‘‘nothing Re The Respect for Marriage Act.
The Seventh-day Adventist Church holds a in this act shall be construed to . . . abro-
DEAR SENATORS: On behalf of the AND
traditional understanding of marriage as di- gate a religious liberty . . . protection . . .
Campaign and our coalition of pastors na-
vinely established in Eden and affirmed by available under the Constitution or Federal
tionwide, I would like to thank you for your
Jesus to be a lifelong union between a man law’’ and further provides that no religious
significant efforts to protect religious free-
and a woman. We recognize, however, that nonprofit entity whose principal purpose is
dom in the amended Respect for Marriage
societal trends have departed from our the advancement of religion shall be re-
Act (the ‘‘Act’’). Your commitment to civic
Church’s understanding of marriage, sexu- quired to provide services or goods associ-
pluralism and the hard work of democracy
ality and family. ated with solemnizing or celebrating a same
provides a model for American politics to
We are grateful for the members of Con- sex marriage. Section 7 of H.R. 8404 provides
move forward in a healthier manner. We’re
gress and their staff who have constructively that no government official or agency can
thankful that you chose the path of good
engaged with us and with other faith institu- deny a wide array of benefits—including tax
faith and dignity in a time of immense divi-
tions to ensure that the Respect for Mar- exempt status, grants, contracts, accredita-
sion.
riage Act acknowledges that ‘‘reasonable and tion or others—to an otherwise eligible enti-
The AND Campaign upholds the historic
sincere people’’ can have ‘‘decent and honor- ty or person on the basis of that entity or
Christian sexual and family ethic, which de-
able religious or philosophical’’ reasons to person not recognizing same-sex marriage.
fines marriage as a union between one man
maintain traditional convictions about mar- These provisions appropriately address the
and one woman. Accordingly, we were en-
riage. array of religious liberty concerns raised in
couraged to see the amended legislation ac-
The Adventist Church applauds you and the context of H.R. 8404 and its operative
knowledge that ‘‘diverse beliefs about the
your fellow Senators for the significant reli- provisions.
role of gender in marriage are held by rea-
gious freedom protections included in the Moreover, we note that your recognition
sonable and sincere people based on decent
Respect for Marriage Act, including the pro- that religious liberty interests must be ex-
and honorable religious or philosophical
tection of churches from being required to plicitly and substantively addressed in the
premises’’. That acknowledgement coupled
facilitate same sex marriages and the pre- context of this kind of legislation is itself an
with strong anti-retaliation language is vital
vention of retaliation against religious orga- essential act in a nation devoted to the prin-
to protecting the free exercise of religion for
nizations for their views on marriage. ciples of diversity, tolerance and religious
Thank you for partnering together on leg- millions of Americans who share our
freedom.
islation that reflects bipartisan commitment We thank you for your work with us and worldview.
to religious freedom and diversity. other faith partners to craft these important Rather than engaging in zero-sum politics,
MELISSA REID, legislative provisions. your work demonstrates that thoughtful
DIRECTOR OF GOVERNMENT AFFAIRS, Sincerely, leaders can work through disagreements
Seventh-day Adventist Church—North MARK (MOISHE) BANE, with respect and charity. We applaud the
American Division. President. amended language and support the motion to
RABBI MOSHE HAUER, proceed as necessary for a thorough debate
UNION OF ORTHODOX JEWISH CON- Executive Vice Presi- on the Act.
GREGATIONS OF AMERICA, ADVO- dent. Sincerely,
CACY CENTER, NATHAN J. DIAMENT, REV. JUSTIN E. GIBONEY, J.D.,
Washington, DC, November 15, 2022. Executive Director— President, AND Campaign.
Senators SUSAN COLLINS, KYRSTEN SINEMA, Advocacy.
ROB PORTMAN, TAMMY BALDWIN. NOVEMBER 15, 2022.
DEAR SENATORS: In anticipation of the U.S. Hon. Senator SUSAN COLLINS. Re The Respect for Marriage Act (H.R. 8404).
Senate’s consideration of H.R. 8404 (the ‘‘Re- Hon. Senator TAMMY BALDWIN. DEAR SENATORS COLLINS AND BALDWIN: The
spect for Marriage Act’’), as modified by an DEAR SENATORS: The CCCU strongly rec- Center for Public Justice, and our Institu-
dlhill on DSK120RN23PROD with SENATE
amendment you have offered, we write to ommends that the Senate include the at- tional Religious Freedom Alliance, thank
you on behalf of the leadership of the Union tached religious freedom amendment within you for your dedication to safeguarding reli-
of Orthodox Jewish Congregations of Amer- the Respect for Marriage Act (S. 4556). The gious freedom in the context of the statutory
ica (‘‘Orthodox Union’’), the nation’s largest CCCU represents over 140 Christ-centered in- protection of same-sex marriage. We applaud
Orthodox Jewish umbrella organization. stitutions of higher education in the United Senators committed to bring forward for dis-
In 2015, when the U.S. Supreme Court States encompassing over 500,000 students. cussion the Respect for Marriage Act so the
issued its ruling in Obergefell v. Hodges, the The CCCU’s mission is to advance the cause full chamber may discuss the proposed
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S6720 CONGRESSIONAL RECORD — SENATE November 16, 2022
amendment that we believe strongly pro- spect under the law, rather than being equat- Explicit congressional affirmation that the
tects religious freedom. ed with those who espouse racism and big- traditional male-female definition of mar-
The proposed amended Respect for Mar- otry; riage is ‘‘reasonable’’ and ‘‘honorable’’ would
riage Act establishes that Congress agrees Demonstrating that Americans can respect counter the analogy to racism and weaken
with the U.S. Supreme Court’s decision au- the dignity of their fellow citizens and live the ground for relying on Bob Jones to jus-
thorizing same-sex marriage that reasonable in peace even when disagreeing on funda- tify rejecting traditionalist believers’ reli-
and sincere people can hold other convic- mental issues such as the nature of mar- gious-freedom claims. Obergefell v. Hodges
tions about marriage due to their religious riage; included a similar statement of respect for
or philosophical convictions. Among other Protecting traditional marriage supporters traditional views, but it was dictum, and
strong religious freedom protections we com- from having to facilitate marriages that vio- some commentators have questioned the
mend, we stress our thanks for the bill’s lan- late their religious convictions; and Court’s power to declare it. A congressional
guage specifically protecting the tax-exemp- Protecting religious organizations from re- statement would be a legitimate, and power-
tion of faith-based nonprofits and houses of taliation by federal agencies due to their ful, statement of national policy—one favor-
worship. views on marriage. ing respect for (among other things) reli-
As a Christian organization, we believe in These are important, commonsense provi- gious organizations that adhere to tradi-
the historic biblical understandings of mar- sions that represent a significant contribu- tional views of marriage.
riage and human sexuality. Many in our so- tion to strengthening the legal protections 2. RMA includes specific protections for re-
ciety hold a different view, and in Obergefell, for chose who, like the members of the Na- ligious liberty. Most notable is the categor-
the Supreme Court mandated that same-sex tional Association of Evangelicals, continue ical exemption for ‘‘nonprofit religious orga-
unions be legally recognized as marriages. nizations’’—comprehensively defined to in-
to believe that God designed marriage as an
Significantly, in that same opinion, the clude ‘‘social agencies’’ and ‘‘educational or-
exclusive covenantal relationship between a
Court acknowledged that reasonable and sin- ganizations,’’ and ‘‘nondenominational’’ and
man and a woman for the purpose of creating
cere people can have decent and honorable ‘‘interdenominational’’ organizations as well
strong families that in turn bless their com-
as houses of worship—from having to provide
religious or philosophical reasons to main- munity and nation. We cherish the freedom ‘‘services, accommodations, advantages, fa-
tain their traditional convictions about mar- to preach, teach, and practice these core con- cilities, goods, or privileges for the sol-
riage. We believe that it will be of great victions, while respecting our fellow citizens emnization or celebration of a marriage.’’
legal and cultural significance if Congress who do not share these beliefs. Section 6(b). The provision, although not a
enacts an amended Respect for Marriage Act Be assured of our prayers for you as you comprehensive protection for acts by reli-
that adds to the U.S. Code a statement of continue serving our nation and defending gious nonprofits, guarantees that they can
congressional agreement with the Court’s the rights of all Americans. refuse to participate in the category of ac-
positive view about the supporters of tradi- Gratefully, tivities most relevant to RMA’s coverage:
tional marriage. WALTER KIM, ‘‘solemnization or celebration of a mar-
The amended Respect for Marriage Act NAE President. riage.’’ The provision bars ‘‘any civil claim
contains other significant language embody- or cause of action’’ based on such a refusal:
ing a congressional commitment to pro- UNIVERSITY OF VIRGINIA it sets no limitation on the nature or source
tecting religious freedom in the context of SCHOOL OF LAW, of the claim or cause of action barred. Al-
affirming LGBTQ rights. We regard adoption November 16, 2022. though courts might provide such protection
of the Act as the best opportunity since the DEAR SENATORS COLLINS AND BALDWIN: We under the First Amendment, this provision
passage of the Religious Freedom Restora- are constitutional law scholars who have makes the right more secure and avoids
tion Act (1993) and the Religious Land Use studied, taught, and written about the law of lengthy constitutional litigation. The pro-
and Institutionalized Persons Act (2000) for religious liberty for decades. All of us have tection is categorical; unlike a claim of con-
Congress to safeguard religious freedom with persistently argued for religious liberty in stitutional right, it cannot be overridden by
Democratic support. The amended Respect legislatures and in the courts, including lib- a judicial finding of a ‘‘compelling govern-
for Marriage Act codifies what is already the erty for believers and institutions with ob- mental interest.’’
law of the land because of Obergefell while jections to facilitating same-sex marriages. RMA also explicitly provides that it does
adding to the U.S. Code new protections for We believe that H.R. 8404, the Respect for not ‘‘deny or alter’’ any tax exemption, fund-
religious freedom in the context of marriage Marriage Act (RMA), with the additional re- ing, license, accreditation, or ‘‘any benefit,
equality. ligious freedom protections you have pro- status, or right of an otherwise eligible enti-
As a Christian public policy organization posed, is a good and important step for the ty or person’’—including, plainly, of a reli-
we are committed to policies that respect liberty of believers to follow their tradi- gious organization. Section 7(a). Those who
the dignity of all people. In our society with tional views of marriage. Its protections for claim that the bill would be used as a ground
its many diverse communities of belief, jus- religious liberty, while not comprehensive, for denying tax-exempt status to organiza-
tice requires creative pluralist policies. The are important, especially in the context in tions adhering to male-female marriage, by
religious freedom protections designed into which RMA arises. analogy to Bob Jones, are disregarding the
the amended Respect for Marriage Act em- statutory text.
A. THE RELIGIOUS LIBERTY PROTECTIONS ARE 3. Finally, RMA both reflects and teaches
body this pluralist approach. We commend
IMPORTANT that if proponents of LGBTQ rights want any
you and your colleagues for your commit-
ment to protecting religious freedom in our For several reasons, we believe the reli- advances or legislative protections for those
changing culture. gious-liberty protections in RMA are mean- rights, they must attend also to cor-
Sincerely, ingful and important even if not comprehen- responding religious-liberty concerns.
STEPHANIE SUMMERS, sive. LGBTQ-rights proponents have failed to se-
CEO, Center for Public 1. First, RMA includes an explicit state- cure their goals in Congress through the
Justice. ment by Congress that ‘‘[d]iverse beliefs Equality Act, or in many state legislatures,
STANLEY CARLSON-THIES, about the role of gender in marriage’’—in- because they have been unwilling to make
Founder, Institutional cluding the belief that marriage is between a provision for religious liberty. The lesson ap-
Religious Freedom man and woman rather than between persons plies to conservatives as well. Efforts like
Alliance. of the same sex—‘‘are held by reasonable and the First Amendment Defense Act (FADA)
sincere people based on decent and honorable have likewise failed repeatedly because they
NATIONAL ASSOCIATION philosophical premises’’ and that such be- made no provision for recognizing LGBTQ
OF EVANGELICALS, liefs ‘‘are due proper respect.’’ Section 2(2). rights even in an incremental way. Religious
November 15, 2022. This statement of respect for the belief in liberty has been caught in the crossfire of
DEAR SENATORS BALDWIN AND COLLINS: male-female marriage plainly distinguishes warring groups unwilling to accept the
Thank you for diligently working to ensure it from beliefs opposing interracial marriage, smallest gain for the other side. And reli-
the inclusion of important religious freedom which receive no such affirmation (even as gious liberty has suffered as a result, both in
protections in the Respect for Marriage Act, the statute protects interracial marriages). its concrete scope and in its status as a fun-
which is currently before Congress. Your ef- The distinction is important for religious- damental civil right that all Americans
forts, if successful, will produce the first sig- freedom claims. The Supreme Court in Bob should embrace enthusiastically.
nificant bipartisan legislation in many years Jones University v. United States, 461 U.S. This bill offers a chance to counter those
advancing religious freedom for all, includ- 574 (1983), upheld stripping tax exemptions trends and to enact religious-liberty protec-
from racially discriminatory private schools, tions in a bipartisan measure. RMA does not
ing for those who hold traditional views on
including religious schools, on the basis of provide all the protection that traditionalist
marriage.
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Your proposal would achieve several objec- the ‘‘firm and unyielding’’ national policy believers seek or that they should receive.
tives that enhance the religious freedom of against racial discrimination. Opponents of But the protections it offers are important.
all Americans: traditional beliefs about marriage regularly B. THE RELIGIOUS-LIBERTY PROTECTIONS ARE
Expressing congressional endorsement of analogize those beliefs to racist beliefs for IMPORTANT IN LIGHT OF THE CONTEXT IN
the Supreme Court’s finding that those who the purpose of resisting religious freedom WHICH RMA ARISES
hold traditional understandings of marriage claims by traditional believers and institu- Moreover, the religious-liberty protections
are decent and honorable, deserving of re- tions. that RMA provides must be considered in the
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November 16, 2022 CONGRESSIONAL RECORD — SENATE S6721
context in which RMA arises. Three features provides protections that are significant doesn’t go that far. It simply says that
of RMA’s context reinforce that its religious- when compared with new risks to religious if you get married in one State, an-
liberty protections are significant. liberty that the legislation creates. Because other State has to honor it.
1. RMA poses little or no new risk to reli- we conclude that the bill’s protections are
gious liberty beyond those that already exist important and that any new risks it creates
So why are we here? Given this broad
from nondiscrimination laws combined with are quite limited, we see it as an advance for American consensus, why is the Senate
same-sex marriage rights under Obergefell v. religious liberty. debating this today as to whether we
Hodges. Those rules are currently in force, DOUGLAS LAYCOCK, should recognize something that the
without RMA (and without the statutory re- Robert E. Scott Distin- vast majority of Americans already
ligious-liberty protections it would provide). guished Professor of recognize and support? The answer is,
RMA creates no new cause of action Law, University of because current Federal law does not
against any private religious entity, even Virginia, Alice
one receiving funding from the state. Only a McKean Young Re-
reflect the will or beliefs of the Amer-
person acting ‘‘under color of state law’’ can gents Chair in Law ican people in this regard. The current
violate the Act. Contrary to the claims of Emeritus, University statute allows States and the Federal
some RMA opponents, Supreme Court prece- of Texas. Government to refuse to recognize
dent is clear that entities do not act under THOMAS C. BERG, valid same-sex marriages.
color of state law—to use an equivalent James L. Oberstar Pro- While it is true that this law is not
term, they are not rendered ‘‘state actors’’— fessor of Law and currently enforceable, I would argue,
simply because they contract with the state, Public Policy, Uni-
receive funding from the state (even the
because of Supreme Court rulings, it
versity of St. Thom-
lion’s share of their funding), or are heavily as (Minnesota). still represents Congress’s last word on
regulated by the state. Blum v. Yaretsky, 457 CARL H. ESBECK, the subject. So it is important to clar-
U.S. 991 (1982); Rendell-Baher v. Kohn, 457 R.B. Price Professor ify that, to get the old legislation off
U.S. 830 (1982). Blum, for example, held that Emeritus of Law and the books. Likewise, current Federal
a privately owned skilled nursing facility Isabelle Wade and law is silent on the question of inter-
was not a state actor even though it was Paul C. Lyda Pro- state interracial marriage, believe it or
heavily regulated, received 90 percent of its fessor Emeritus of not, so that needs to be addressed.
income from Medicaid payments, received Law, University of
state subsidies for its capital costs, and was
Given this disconnect between the
Missouri.
doing something the government required it ROBIN FRETWELL WILSON,
American people and our current legis-
to do—but what was challenged was a par- Mildred Van Voorhis lation, it is time for the Senate to set-
ticular means of doing that thing, and the Jones Chair in Law, tle the issue and pass the Respect for
government did not require the means. University of Illinois Marriage Act, as the House of Rep-
‘‘[C]onstitutional standards are invoked only College of Law. resentatives has already done. By the
when it can be said that the State is respon- The PRESIDING OFFICER. The Sen- way, that was an overwhelming vote in
sible for the specific conduct of which the the House with 46 Republicans sup-
ator from Ohio.
plaintiff complains.’’ Blum, 457 U.S. at 1004
Mr. PORTMAN. Madam President, I porting it.
(second emphasis added). The state had not
directed the specific conduct complained of have come to the floor today to talk This bill simply allows interracial or
in Blum. Nor, obviously, can the government about legislation that is going to come same-sex couples who are validly mar-
be said to have directed a religious non- before this Chamber this afternoon ried under the laws of one State to
profit’s specific decision to disfavor same-sex called the Respect for Marriage Act. I know that their marriage will be recog-
relationships. hope the Senate will consider this leg- nized by the Federal Government and
2. If RMA creates no new liability, then the islation and pass it. I think it is good by other States, if they move, in ac-
only way it could make traditional believers’ for our country. cordance with established Supreme
religious liberty less secure is if the Supreme Marriage is really important in our
Court were ready to overrule Obergefell, end-
Court precedent. That is why we have
society. It is a sacred bond that two to do this.
ing the constitutional right to same-sex
marriage, and RMA then preserved a small
people make to each other. It rep- Second, we have to do it because in a
portion of that right by statute. But the resents a lifetime of commitment and recent Supreme Court case, there was
chances of overturning Obergefell are small. love and care in times good and bad. It this notion that maybe this would get
Justice Thomas’s call to overturn it, made in is also the foundational unit upon revisited, this issue of same-sex mar-
his concurrence in Dobbs v. Jackson Wom- which our entire society is built. I have riage. So it is important that we re-
en’s Health Org., 142 S. Ct. 2228 (2022), at- witnessed this firsthand over the past solve the issue for both of those rea-
tracted no other votes. Rather, the Dobbs 36 years with my wife Jane and our sons. And people who are in same-sex
majority opinion emphasized, in three dif- amazing family. I was fortunate to
ferent places, that the overruling of con- marriages are understandably very in-
have an upbringing with parents who terested in having that resolved. They
stitutional abortion rights did not cast were together for five decades. The rec-
doubt on other substantive due process want to clarify it. They’ve made finan-
precedents, because abortion is a ‘‘unique
ognition and protection of this bond cial arrangements, maybe adoptions,
act’’ involving termination of a ‘‘life or po- makes the couple, the family, and our and so on. They want to be sure that
tential life.’’ 142 S. Ct. at 2277; id. at 2258, country stronger. That is why there is
their marriage can continue to be hon-
2280. Justice Kavanaugh reiterated the point a constitutional right to marry.
Same-sex marriage has also been a ored.
in his concurrence. Id. at 2309. Conservatives I think, in short, there are two main
have generally urged taking these assur- constitutional right since 2015. Today,
ances from the Dobbs majority as genuine there are about a million same-sex effects of this bill, and both are well
and reliable. households. About 60 percent of them within the constitutional authority of
As constitutional scholars and observers, are married. the Congress to address. First, to en-
we agree. To overrule Obergefell, the Court In the minds of most Americans, the sure that the marriages legally per-
would have to undo thousands of same-sex formed in one State are recognized as
validity of these marriages is a settled
marriages entered into in reliance on that valid in other States, regardless of sex
decision or else create a two-tier system in question, and the overwhelming major-
ity of Americans want this question to or race.
which some same-sex couples will be validly
be settled. According to Gallup, 71 per- This is a straightforward application,
married for fifty or sixty years because they
married during a window of opportunity cent of Americans believe that same- by the way, of the Full Faith and Cred-
while all future couples are barred in many sex marriage should be recognized as it Clause of the Constitution anyway.
states. We very much doubt that a majority valid by law. The majority of support Under this clause, States are required
will take that step. for same-sex marriage, by the way, is to recognize things like court judg-
3. Finally, as we have already emphasized, seen across all age groups, races, reli- ments and public records from other
religious-liberty protections, however defen- States. This bill simply clarifies that
gious affiliations, and even political
dlhill on DSK120RN23PROD with SENATE
sible and warranted, have repeatedly failed marriage is one of those things that
when embodied in legislation that provides parties. In fact, polling from just last
no benefits (however incremental) to LGBTQ year shows that 55 percent of Repub- must be recognized across State lines.
rights. The question is not whether this bill licans support the legal recognition of Second, this bill specifies that the
provides all the protections that traditional same-sex marriage. Federal Government will recognize a
believers and institutions will need in all Now, the Respect for Marriage Act marriage that is valid in the State
contexts. The question is whether the bill we are about to vote on actually where it was performed. This portion of
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S6722 CONGRESSIONAL RECORD — SENATE November 16, 2022
the bill keeps the Federal Government people and their beliefs are due respect. wanted to clarify that. This bill does
out of the business of defining mar- This is very important to many of the not require anything that is not al-
riages, which is something, on my side religious organizations we have dealt ready required by the Supreme Court.
of the aisle, among Republicans, par- with who are strongly supporting this However, penalizing or targeting a pri-
ticularly important because that legislation, to make the point that peo- vate organization because of sincere
leaves the decision to the States where ple can have different points of view. views on same-sex marriage would be a
it properly belongs. We are going to respect that. clear First Amendment violation. I am
I also want to take a moment to ad- It also has a very important applica- confident the Court would not tolerate
dress what this bill does not do because tion to the lawsuits that people are it. But to ensure that this bill cannot
I have had a lot of conversations with concerned about that might come up. be used to target or deny benefits to re-
my colleagues over the last week or so In the Bob Jones case, as an example, ligious organizations, our amendment
about this; and in some cases, they are there was a notion that was different explicitly prohibits it. The amendment
talking about things that this bill sim- with regard to interracial marriage. In specifies that this legislation may not
ply doesn’t do. It does not require any this case, though, with regard to same- be used to deny or alter any ‘‘benefit,
State to perform same-sex marriages if sex marriage, again, we respect people status, or right’’ unrelated to mar-
it chooses not to, in the event the cur- have different points of view. It is im- riage, period. This gives assurances to
rent Supreme Court case, let’s say, is portant to lay that out. people and organizations of faith that
overturned. It just doesn’t do that. It Secondly, it explicitly protects all their tax-exempt status, tax treat-
does not require anything not already existing religious liberty and con- ment, educational funding, licenses,
required by the Supreme Court prece- science protections under the First and other benefits cannot be affected
dent. Amendment, any other constitutional by this legislation.
It certainly does not allow polygamy. provisions, and Federal laws explicitly. The third criticism I heard is that
This is a point that has been raised by I would argue it already did that, but I this bill legalized and recognized polyg-
some of my colleagues on my side of think it is important to make it ex- amy. To address this, we put an ex-
the aisle. Polygamy is illegal in every plicit. plicit prohibition in place, even though
jurisdiction in the United States, and Third, it guarantees that this bill no State permits it, so there cannot be
this does nothing to change that. It ac- cannot be used to target or deny bene- a recognition of polygamous marriages,
tually adds another provision in our fits, including tax-exempt status which period.
amendment—that I will talk about in a is very important to a lot of religious As you can tell, we have worked hard
second—that explicitly prohibits po- organizations; also, grants, contracts, to address concerns that have been
lygamy. educational funding, licenses, and raised and to craft an amendment that
This bill does not permit lawsuits many others. Religious organizations provides robust, affirmative protec-
against individuals or entities acting helped us to put this language in place tions of people of faith without dimin-
in a purely private capacity. That is just to ensure that this bill cannot be ishing the rights of couples in same-sex
important. used for that purpose. marriages. This is very important.
As you can see, the bill is really very Fourth, it ensures that nonprofit re- President Hoogstra of the Council of
narrow. It is constitutional, and it does ligious organizations, including Christian Colleges and Universities, a
not infringe on State sovereignty. It is churches, mosques, synagogues, reli- group that is endorsing this legisla-
a bill that simply ensures, as a matter gious schools, and others, cannot be re- tion, observed this amendment ‘‘sends
of statutory law, that interracial and quired to provide facilities or goods or a strong bipartisan message to Con-
same-sex marriages that were legal in services for marriage ceremonies or gress, the administration, and the pub-
the State in which they were per- celebrations against their will. lic that LGBTQ rights can coexist with
formed will be recognized if the couple These religious liberty provisions are religious freedom protections, and that
moves to a different State. very significant. Several constitutional the rights of both groups can be ad-
I also want to address several points scholars, by the way, and advocates for vanced in a way that is prudent and
of criticism against the bill and the religious liberty, led by Professor Doug practical.’’
significant efforts that we have made Laycock of the University of Virginia That is what is extraordinary about
to address those through a substitute Law School, have carefully analyzed this bill. These two sometimes viewed
amendment, which was written by all this bill and sent us a letter concluding as competing interests are working to-
of us who have been involved in this that overall this legislation is ‘‘an ad- gether. But as she said, we have shown
process but also a number of outside vance for religious liberty.’’ These are here through this legislation that these
groups. This amendment contains ro- advocates, especially Laycock himself, rights can co-exist—religious freedom,
bust religious liberty protections. The who has taken cases to the Supreme on the one hand, LGBTQ on the other
amendment was developed collabo- Court representing religious schools. hand.
ratively, again, between us—as TAMMY He is saying that this bill, on net, this Achieving this kind of compromise
BALDWIN is here on the floor, SUSAN bill actually increases religious lib- could not have happened without hard
COLLINS, THOM TILLIS, also KYRSTEN erty. Numerous other important faith work, good faith, and bipartisan nego-
SINEMA—also by listening to feedback groups agree. The Reverend Walter tiation. I want to extend specific
and working extensively with many of Kim, President of the National Asso- thanks to the following groups who
our Senate colleagues, with faith-based ciation of Evangelicals described this have worked with my colleagues to de-
groups on the outside, and also other amendment, if it passes, as ‘‘the first velop this legislation, including the
stakeholders. significant bipartisan legislation in Church of Jesus Christ of Latter-day
The first criticism that I heard was many years advancing religious free- Saints, also known as the Mormon
this bill does not sufficiently protect dom for all, including for those who Church; the National Association of
people of faith. I disagree. I believe re- hold traditional views on marriage.’’ In Evangelicals; the Seventh Day Advent-
ligious freedom is a fundamental pillar other words, he is saying this legisla- ist Church; the Union of Orthodox Jew-
of our constitutional order, and I am tion—forgetting the parts about same- ish Congregations of America; the
confident nothing in this will limit the sex marriage, which are very impor- Council for Christian Colleges and Uni-
religious and constitutional protec- tant—but with regard to religious lib- versities; the Center for Public Justice;
tions that exist under the First erty, it moves the ball forward, in his the AND Campaign; the Institutional
Amendment or any other Federal laws. view, as the President of the National Religious Freedom Alliance; and the
To further advance and protect our Association of Evangelicals. 1st Amendment Partnership.
dlhill on DSK120RN23PROD with SENATE
cherished religious freedoms, however, Another criticism of this bill is that It is my hope that, with the changes
our amendment contains four very im- it will be used to target religious orga- we talked about today and we have all
portant provisions. First, it acknowl- nizations by revoking their tax-exempt now agreed to, we can pass this legisla-
edges that decent and honorable people status under Federal law. I don’t see tion with the same kind of over-
who hold diverse views about the role how this would be possible without whelming bipartisan majority we saw
of gender in marriage and that such even having an amendment, but we in the House of Representatives, and,
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November 16, 2022 CONGRESSIONAL RECORD — SENATE S6723
therefore, settle this issue once and for and SINEMA, who have done a fabulous sex marriages who simply want long-
all. Millions of American couples, in- job and have worked this bill so hard term certainty—not only the million
cluding many Ohioans, are counting on and so well and so consistently. I want who are already committed to same-
their elected representatives in Con- to thank Senators PORTMAN and sex marriages but the millions of peo-
gress to recognize and protect their TILLIS, and COLLINS on the other side ple who attended the ceremonies, their
marriage, to give them the peace of who are part of this bipartisan team. friends, and their family.
mind to know that their marriage is, They managed this process stupen- As we went through this bill, we lis-
indeed, protected and secure. We must dously and I am optimistic their efforts tened to the very sincere concerns of
not let them down. will prove successful later today. Americans with strongly held religious
I yield the floor. To the rest of my colleagues and to beliefs who simply wanted to make
The PRESIDING OFFICER. The ma- all Americans who are watching what sure that Congress protects their First
jority leader. the Senate does, this is a great chance Amendment rights, especially the free-
Mr. SCHUMER. Madam President, to do something very important for dom of religion.
today, the Senate has a chance to live tens of millions of Americans. No one— By casting politics aside and working
up to its highest ideals by taking up no one—in a same-sex marriage should hard behind the scenes over the past
legislation that will protect the rights have to worry about whether or not several months, we managed to strike
of all Americans, regardless of who their marriage will be invalidated in a balance with this legislation. There
they choose to marry. the future. They deserve peace of mind will be permanent certainty for same-
In many ways, the story of America knowing their rights will always be sex couples, and they can rest easy
has been a difficult but inexorable protected under the law. With this bill, knowing their families are secure. And
march towards greater equality for all we can take a significant and much- there will be robust protections for
people. Throughout our history, some- needed step in that direction. churches, religious organizations, pro-
times we have taken very important The majority of Americans support tections that are more robust and ex-
steps forward; other times, unfortu- us in this endeavor. They are joined, pansive than currently exist in Federal
nately, we have taken steps backward. not only by hundreds of major Amer- law.
But today, the Senate is taking a truly I want to talk a little bit about the
ican companies who support this bill,
bold step forward in the march towards compromise we reached and what it
but also religious organizations who af-
greater justice, greater equality, by ad- will mean for our constituents who
firm that the Respect for Marriage Act
vancing the Respect for Marriage Act. voiced their concerns over the past few
is a sound and a commonsense piece of
It is a simple, narrowly tailored, but months. This bill protects religious lib-
legislation.
exceedingly important piece of legisla- erty and conscience protections avail-
So if both parties can come together,
tion that will do so much good for so able under the Constitution and Fed-
today could be truly one of the high-
many Americans. It will make our eral law, including the Religious Free-
lights of the year for this body. This
country a better, fairer place to live. dom Restoration Act, commonly re-
has been an incredibly productive year
Passing this bill is as personal as it ferred to as RFRA. This bill cannot be
in Congress, full of many significant
gets for many of us in this Chamber, used to diminish or repeal any such
achievements, but I think that passing
myself included. My daughter and her protection.
the Respect for Marriage Act would be The bill also makes clear that no re-
wife, my daughter-in-law, are expect- one of the more significant accomplish-
ing a baby next spring. I want to do ev- ligious organization will be required to
ments of the Senate to date. provide any services for the celebration
erything possible to make sure their Like so many other bills this year, it of a same-sex marriage. Simply put,
rights are protected under Federal law. will be an unequivocal bipartisan win. that means that no church or religious
I want them and everyone in a loving So I urge my colleagues: Think about organization will be required to per-
relationship to live without the fear those who you know and love who are form, recognize, or celebrate same-sex
that their rights could one day be in a same-sex marriage, maybe it is marriages.
stripped away. There are many of us your friends, maybe it is your family, We also took steps to protect the tax-
who are deeply invested in seeing this maybe it is someone on your staff. I exempt status of religious nonprofit or-
bill succeed. hope with them in your heart, you will ganizations. We didn’t leave anything
Originally, it was our intention to support this bill. ambiguous. We included language that
take action on the Respect for Mar- There is every reason under the Sun guarantees the bill cannot be used to
riage Act back in September, fresh off to move forward and begin debating deny or alter any benefit, right, or sta-
the House’s strong bipartisan vote for this important legislation for the sake tus of any otherwise eligible person or
the summer. Remember, 47 House Re- of ensuring equal justice under law, for entity. This includes tax-exempt sta-
publicans joined Democrats to pass the sake of millions of married couples tus, tax treatment, grants, educational
this bill. But at the urging of my col- who want to live their lives without funding, loans, scholarships, licenses,
leagues from both sides of the aisle, I discrimination, and for the sake of and certifications. Put together, the
agreed to hold off on scheduling a vote every person out there, young and old Respect for Marriage Act essentially
in order to make sure we had enough alike who wonder if they, too, deserve preserves the status quo we have had in
support to move forward. My job at the to be treated with fairness and dignity our country for the last 7 years, since
end of the day will always be to and basic decency. the Supreme Court ruling.
prioritize getting things passed I strongly urge my colleagues to vote Same-sex couples will continue to
through this Chamber, and marriage yes on moving forward with the Re- have the right to get married, now
equality is too important an issue to spect for Marriage Act later today. without the fear of government inter-
risk failure. So I made the choice to I yield the floor. vention, and churches and religious or-
trust the Members who have worked so The PRESIDING OFFICER. The Sen- ganizations will continue to operate
hard on this legislation and wait a lit- ator from North Carolina. and worship free from government in-
tle bit longer in order to give the bipar- Mr. TILLIS. Madam President, I, terference.
tisan process a chance to play out. It is along with my colleagues who have This is a good compromise. It is one
much better to pass this legislation spoken before me, am proud to be able that is based on mutual respect for our
and move equality forward than simply to work on a very sensitive issue in a fellow Americans, protecting the rights
have a showboat, which would bring very collaborative and bipartisan fash- of Americans who may have different
political reckoning, but no real change ion. lifestyles or different viewpoints. I am
for the American people. We did it in a way that was always proud of the work we did with this bill.
dlhill on DSK120RN23PROD with SENATE
I want to thank my colleagues from respectful of the fact that many Ameri- I am looking forward to voting yes on
both sides of the aisle who have led the cans come from different walks of life it. And I am grateful for the leadership
charge in getting this bill ready for the and many diverse beliefs and view- of so many people who were involved.
floor and, hopefully, soon onto the points. Of course, Senator COLLINS, Senator
President’s desk—including our two We know that nearly a million Amer- PORTMAN, Senator BALDWIN, and Sen-
leaders on our side, Senators BALDWIN icans are already committed to same- ator SINEMA. But I also want to thank
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S6724 CONGRESSIONAL RECORD — SENATE November 16, 2022
the Church of Latter-day Saints, the neighbors, and our fellow members of makes our schools and communities
Seventh-day Adventists, the Council the LGBTQ community in Arizona, we safer and saves lives.
for Christian Colleges and Universities had to do more than run a campaign And before that, this same approach
that represents 150 different religious that made our core supporters feel helped us pass our landmark legisla-
institutions of higher learning here in good but ultimately didn’t build the tion, the Infrastructure Investment
the United States alone, and they have broad-based coalition of Arizonans and Jobs Act, into law, strengthening
operations abroad, and the National needed to win. America through upgrades and repairs,
Association of Evangelicals, the Center That is why we expanded the con- creating good-paying jobs, and expand-
for Public Justice and its Institutional versation to include how the propo- ing economic opportunities across the
Religious Freedom Alliance. sition would harm all unmarried cou- country. Beyond these historic accom-
I believe this is a good bill, and bipar- ples across Arizona, not just those in plishments, our approach of focusing
tisan bills in any environment are dif- the LGBTQ community but people in on common goals and shared ideals has
ficult. And I think it is why it was so domestic partnerships, people in com- helped us pass a number of other last-
important we came together, had the mon-law marriages because here is the ing solutions, including long-awaited
courage to work together, recognized truth: When we reach beyond partisan and necessary postal reform, support
the viewpoints at either end of the talking points to find common ground, for Ukraine in its fight against Putin,
spectrum, and came up with a carefully we expand what is possible in Arizona and most recently, the passage into
crafted compromise that I believe is and in our country. law of our bipartisan CHIPS and
good for all Americans. We had open and honest conversa- Science Act, legislation that boosts
And I look forward to everybody vot- tions about the hopes and dreams that America’s global leadership, spurring
ing in favor of it. We will have some unite us, instead of the superficial dif- job creation and addressing our supply
opposition, but at the end of the day, I ferences that divide us. chain challenges.
think we will prevail. And that is a In Arizona, we value our independ- As we can all see, this approach has
message to so many people out there ence. We are proud of our families and proved successful, and right now we
who want this done. our communities, and we work hard to need this approach more than ever.
I yield the floor. protect them. We have our differences, You know, this summer Arizonans and
The PRESIDING OFFICER. The Sen- but we share a strong sense of service, Americans across the country were
ator from Arizona. hard work, and self-determination. confused, and some were scared, fol-
Ms. SINEMA. Madam President, I We believe that everyone has the lowing the Supreme Court’s decision to
rise today as our country takes an im- right to define his or her own destiny overturn Roe v. Wade. Women felt
portant step forward to protect the and that no one should be treated dif- their health and well-being was endan-
rights and freedoms of all Americans. ferently under the law. By focusing on gered and our own abilities to make
Together with broad bipartisan sup- these shared values, we found success. critical decisions about our futures
port, the Senate will provide certainty We defeated that ballot proposition— were suddenly thrown into question.
to millions of Americans in loving the first State in the country to do so— This fear trickled into other commu-
marriages and enshrine into law the and I learned lessons that have shaped nities—including the LGBTQ commu-
basic protections afforded all Ameri- my work for Arizonans ever since. nity—as leaders with extreme
cans while respecting our country’s Since 2006, we have seen long-term ideologies mused about what other
critical principle of religious liberty. progress that makes today’s important challenges could come next. But sadly,
This historic milestone builds off of debate in the U.S. Senate possible. This in response, we saw elected officials on
years of incredible strides we have work is ongoing. But the work can’t both sides of the aisle exploit this fear
made advancing freedom and equality, and shouldn’t be attributed to any one and use it to fuel clicks, book cable
including hard-fought victories I have politician, any political party, or any news appearances, and drum up out-
been honored to help lead. piece of legislation. This work happens rage to further their own partisan po-
Nearly two decades ago in 2006, at a because people choose to be their most litical agendas.
time when our country was just begin- authentic selves and live their lives Outrage can help propel political
ning to debate marriage, Arizona pro- freely. stars, but it doesn’t solve problems. It
posed a ballot proposition banning Being gay is normal. Being yourself doesn’t make life better for everyday
same-sex marriage in our State’s con- is normal. Showing up to life every day people.
stitution. This issue was personal to happy to be who you are is normal. And But amidst the noise, a few hard-
me and to many other Arizonans. Simi- being authentic with your friends, your working Senators from across our
lar ballot provisions had passed in family, your colleagues, and your com- country and across the political spec-
States across the country, red and blue munity, that is also normal. That nor- trum understood there was a need to
States alike, and the stakes were high. malcy is what helps us listen to each provide certainty to the American peo-
The pundits didn’t give Arizona much other, understand each other, and grow ple, and we came to the table to get
of a chance. in our community together. It is what something done.
I knew that in order to buck the changes hearts and minds in Arizona Senator TAMMY BALDWIN, our
trend and win, we would need to run a and around the country, and it is what, groundbreaking leader on this issue,
different kind of campaign that ex- little by little, piece by piece, delivers partnered with my old friends Senators
panded the conversation, cultivated a sustainable progress. SUSAN COLLINS, ROB PORTMAN, THOM
diverse group of unlikely partners, and Whether at home in Arizona or here TILLIS, and myself, all of us no strang-
moved past the tired, partisan talking in the U.S. Senate, in order to deliver ers to bipartisan success in a divided
points. real results to the Americans we serve, Senate. Together, we Senators all fo-
That is why I worked across the aisle we need to work together. Working to- cused on the same goal, to help ensure
and teamed up with my good friend gether means listening with open married same-sex couples across the
Steve May, a Republican. Now, we hearts, bridging divides, shutting out country are afforded the same protec-
faced some criticism at the time for the noise, and focusing on our shared tions as all other married American
how we chose to run our campaign. goals. couples.
Some wanted us to run a partisan cam- I have seen time and time again how Along the way, we overcame obsta-
paign, convinced that highlighting the this approach helps us overcome tough cles; we made certain our language re-
divides in our community and focusing challenges. spected religious liberty; and we were
exclusively on the LGBTQ community A little over 6 months ago, it was careful to ensure that in shoring up
dlhill on DSK120RN23PROD with SENATE
would put us over the top. thanks to that same approach that I some rights we did not infringe upon
But I knew we couldn’t do it just by stood here on the Senate floor and de- others.
talking amongst people who already livered remarks on the passage of our We made our case to colleagues on
agreed with our position. The polling Bipartisan Safer Communities Act, a both sides of the aisle. We listened to
showed it. And, frankly, we felt that in historic law we negotiated and passed those who disagreed with us. We didn’t
order to do right by our friends, our with broad bipartisan support that pick fights. We didn’t call names. We
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November 16, 2022 CONGRESSIONAL RECORD — SENATE S6725
just kept moving forward. And I am people deserve it, and the stakes are Tillis Warnock Wyden
Van Hollen Warren Young
proud to say that by refusing to de- too high to stop our progress now. Warner Whitehouse
monize each other and by focusing on I yield the floor.
NAYS—37
our shared goals, we will deliver real, The PRESIDING OFFICER (Mr.
lasting results for the LGBTQ commu- PETERS). The Senator from Maine. Barrasso Grassley Paul
Blackburn Hagerty Risch
nity. Ms. COLLINS. Mr. President, I sug- Boozman Hawley Rounds
We will make our country stronger gest the absence of a quorum. Braun Hoeven Rubio
and safer for American families in a The PRESIDING OFFICER. The Cassidy Hyde-Smith Scott (FL)
Cornyn Inhofe
way that honors and respects our di- clerk will call the roll. Cotton Johnson
Scott (SC)
verse viewpoints on marriage, on fam- Shelby
The legislative clerk proceeded to Cramer Kennedy Thune
ily, and society. call the roll. Crapo Lankford
Toomey
I thank the many faith communities Cruz Lee
Ms. BALDWIN. Mr. President, I ask Daines Marshall
Tuberville
that helped us expand this policy con- unanimous consent that the order for Fischer McConnell
Wicker
versation and ensure that our amend- the quorum call be rescinded. Graham Moran
ment would include robust and com- The PRESIDING OFFICER. Without NOT VOTING—1
monsense religious liberty protections. objection, it is so ordered. Sasse
In particular, I thank the Church of Ms. BALDWIN. I ask unanimous con-
Jesus Christ of Latter-day Saints that sent that the vote previously scheduled The PRESIDING OFFICER (Mr.
provided thoughtful suggestions and for 3:15 p.m. be called immediately. HICKENLOOPER). On this vote, the yeas
contributions. They summarized our are 62, the nays are 37.
CLOTURE MOTION
holistic outcome when they wrote in Three-fifths of the Senators duly cho-
The PRESIDING OFFICER. Pursuant sen and sworn having voted in the af-
their statement: to rule XXII, the Chair lays before the
We believe this approach is the way for- firmative, the motion is agreed to.
Senate the pending cloture motion, The PRESIDING OFFICER. The Sen-
ward. As we work together to preserve the
which the clerk will state. ator from Oklahoma.
principles and practices of religious freedom
together with the rights of LGBTQ individ- The legislative clerk read as follows: Mr. INHOFE. Mr. President, I ask
uals, much can be accomplished to heal rela- CLOTURE MOTION unanimous consent that I be recog-
tionships and foster greater understanding. We, the undersigned Senators, in accord- nized for as much time as I shall con-
Not every American agrees on mar- ance with the provisions of rule XXII of the sume.
riage or lots of other issues, and that is Standing Rules of the Senate, do hereby The PRESIDING OFFICER. Without
move to bring to a close debate on the mo- objection, it is so ordered.
OK. Honest disagreements don’t make
tion to proceed to Calendar No. 449, H.R.
us any less decent or honorable, espe- 8404, a bill to repeal the Defense of Marriage FAREWELL TO THE SENATE
cially if we see that disagreement as an Act and ensure respect for State regulation Mr. INHOFE. Mr. President, as I re-
opportunity to learn and grow. of marriage, and for other purposes. flect on my 28 years serving in the U.S.
If more of us dedicate ourselves to Charles E. Schumer, Tammy Baldwin, Senate, I am reminded of the lessons I
better understanding one another and Brian Schatz, Margaret Wood Hassan, learned from my former colleagues and
our lived experiences, if we strive to Patty Murray, Tammy Duckworth, friends who have served beside me in
see an issue from another person’s Jeff Merkley, Jacky Rosen, Richard J. the Senate. I had the privilege of serv-
Durbin, Debbie Stabenow, Elizabeth
point of view, and if we all work to ing with many great titans for a fairly
Warren, Mazie K. Hirono, Alex Padilla,
practice a bit more patience and grace, Gary C. Peters, Jeanne Shaheen, Cath- long period of time. Some maybe
I know we can continue finding paths erine Cortez Masto, Benjamin L. thought too long. I had the privilege of
forward together. Cardin, Robert P. Casey, Jr. serving with the people whom I have
It may not seem like it in today’s The PRESIDING OFFICER. By unan- known very well—people like Orrin
partisan world, but there has always imous consent, the mandatory quorum Hatch and Mike Enzi, friends I miss
been more that unites us as Americans call has been waived. dearly. I single them out because they
than divides us. The question is, Is it the sense of the are no longer with us.
The bipartisan support we have gar- Senate that debate on the motion to In Senator Hatch’s farewell speech in
nered in the Senate today proves this proceed to H.R. 8404, a bill to repeal the 2018, he reflected on the striking shift
issue isn’t a matter of one party being Defense of Marriage Act and ensure re- in polarization and partisanship of the
right or the other party being wrong. spect for State regulation of marriage, Senate, and he yearned for the days of
This issue is bigger than angry tweets and for other purposes, shall be Members finding common ground and
and bombastic fundraising emails. This brought to a close? breaking bread together.
is about ensuring American families, The yeas and nays are mandatory Orrin reflected on this in his farewell
who share the ideals of all marriages— under the rule. speech. He said: Could two people with
love, devotion, and sacrifice—can con- The clerk will call the roll. polar-opposite beliefs and from vastly
tinue to count on the basic rights and The legislative clerk called the roll. different walks of life come together as
responsibilities that come with their Mr. THUNE. The following Senator is often as Teddy and I did? And the an-
marriages. It is about protecting the necessarily absent: the Senator from swer is yes. Can conservative Repub-
beliefs that unite us as Americans: the Nebraska (Mr. SASSE). licans and Democrats come together
right to define our own destinies, the The yeas and nays resulted—yeas 62, today? All the time, and they will in
understanding that no one should be nays 37, as follows: the future. But you may not hear about
different in the eyes of the law, the it because it is not newsy. The media
[Rollcall Vote No. 356 Leg.]
freedom to reach for every opportunity doesn’t really care if everybody loves
and fulfill our greatest potential. YEAS—62 everybody.
The truth is, if we allow our basic Baldwin Feinstein Murphy Then there is Barbara Boxer. Not too
Bennet Gillibrand Murray
values of honor and dignity to become Blumenthal Hassan Ossoff
many people who are making their last
just another political football, we all Blunt Heinrich Padilla speech talk about Members of the
lose. Booker Hickenlooper Peters other party, but I will do this. I have
Brown Hirono Portman shared this story many times with all
As I learned back in 2006 in Arizona, Burr Kaine Reed
we have to work together. We have to Cantwell Kelly Romney of you about how former Senator Bar-
find willing partners in both parties, Capito King Rosen bara Boxer of California and I worked
and we must bridge our divides before Cardin Klobuchar Sanders together for many years as chair and
dlhill on DSK120RN23PROD with SENATE
Carper Leahy Schatz
they rip us apart for good. Casey Luján Schumer
ranking member of the EPW Com-
Our work is not done. As a body, we Collins Lummis Shaheen mittee to get things done. You can’t
must resolve to do the right thing to Coons Manchin Sinema get two more ideologically different
continue this mission and keep work- Cortez Masto Markey Smith Senators than Barbara and me—Bar-
Duckworth Menendez Stabenow
ing together to deliver lasting results. Durbin Merkley Sullivan bara, a proud Democrat of the most far
Our country deserves it, the American Ernst Murkowski Tester left State in the Nation, and me, a
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S6726 CONGRESSIONAL RECORD — SENATE November 16, 2022
proud Republican from the most con- is not true in the House. I spent a lot but it all started with Doug Coe. You
servative State in the Nation. But we of years in the House before. see, people think of Doug Coe as having
were able to see past our ideological Also, I remember friends across the been someone who was a great dip-
differences to work together, and we aisle, like former Hawaii Senator lomat. He had political influence and
did. We got stuff done. We passed land- Danny Akaka, who led our Prayer all that.
mark legislation, from highway bills Breakfast each week; Ted Kennedy, Years back, an article about Doug
like the FAST Act to the Frank Lau- who I helped out of the Capitol during said this:
tenberg Chemical Safety Act. You re- one of the September attacks that was The extent of Coe’s influence in American
member that. Most people still remem- taking place; and former Majority politics is [real] . . . important figures have
ber that. We did it, and we did it time Leader Harry Reid, who would some- acknowledged his role on the national and
international stage. For instance, speaking
and time again. times move our voting schedule around at the 1990 National Prayer Breakfast, Presi-
Every Wednesday, as Republicans in so that I could get home and watch my dent George H. W. Bush praised Coe for his
this meeting in the Senate where the grandkids’ football games. quiet diplomacy.
chairmen will go—I shouldn’t probably And then there is the one that we all Not many things are quiet around
be telling all you guys what Repub- love, SUSAN COLLINS, who is well-re- here. Doug spent his years in the coun-
licans do. But they go around the room spected because she makes this institu- tries across the world taking Jesus’s
and give an update on what their com- tion a better place, and not just be- name to the Kings. I remember him
mittee is working on. And I would al- cause of the Maine lobster rolls that asking me for 8 years. He said: Inhofe,
ways say at that time: Now is the time are her signature fare for the eating I wish you would go to West Africa.
to hear from the committee that gets groups. And I had no interest in going to
things done. Real friendship does exist in the U.S. West Africa.
And I can say that—that Barbara Senate, but nobody knows it. It is a big And he kept saying—and this lasted
Boxer and I got things done. And do secret around here. for 8 years. For 8 years, I said no to
you know what? We actually enjoyed Then there is a bipartisan Bible this guy, but he was very persistent.
it. Nobody believed that we would study that we have. Some of you know And I can’t tell you why it happened,
enjoy it so much and actually get about the Senate Bible study that but then finally I said yes. And I still
things done. meets every Thursday in my hideaway to this day can’t figure out how that
Then there is JACK REED. Today, I in the Capitol. I have made a point not happened. But that changed lives, in-
have a similar relationship with the to miss a Thursday Bible study in 28 cluding mine, and it all came from
chairman of the Senate Armed Serv- years. So I have a record going. There Doug Coe.
ices Committee. I am a Republican, is no one who is going to beat it. Well, You know, I would like to mention
and he is a Democrat. JACK is from they could beat it, I suppose. After I some of these people who were really
Rhode Island, a very blue State, but we was first elected to the House in 1986, I heroes around here that most people
have worked together for years to pass attended a Bible study led by a guy don’t even know. They don’t remem-
the annual Defense authorization bill, named Tom Barrett. ber. But they go back and they look
which is the most important bill we I am going to tell you a story that them up and they see what great con-
pass every year. most people don’t want to hear, but tributions they made. Not many people
I believe the secret to getting this one day, Tom Barrett and a Member of are aware of this, but here in the U.S.
bill done—and any bipartisan bill, for Congress from Kansas invited me to Senate, every Wednesday morning, we
that matter—is determination, but the Members’ dining room after Bible meet in the Spirit of Jesus. This is
also trust and respect in the Member study. Keep in mind, this was 1986. something Doug Coe started many
that you are sitting across the table They said to me: Inhofe, we think years ago during the Eisenhower ad-
from, a lesson Senator Hatch set very that—we have been with you now for ministration. It is scripturally based,
well. In working with Senator REED over a year, since you got here, and we Acts 2:42. We get together, eat to-
over the years, he has my trust, and I think you never really accepted Jesus. gether, pray together, fellowship to-
have his respect. And it is why we have Well, I got mad. Who is this young gether, and talk about the precepts of
been successful in what I consider to be guy there telling me about Jesus? Jesus together.
the most significant thing that we do And they said: All right, when did I will always be thankful to Doug for
every year. you ask Him? his efforts to quietly speak of Jesus in
For me, I was a builder and developer And I said: Well, every day. most every country around the world.
prior to running for public office and They asked: How long have you and Over my 172 African country visits as
never contemplated getting involved in Kay been married? a Senator—sure, I did my military job
politics until one day on the job in At that time, we were newlyweds. We while I was there—but I developed a
South Texas. I was told that I needed were probably, I think, celebrating our deep love and appreciation for the peo-
more than a dozen permits to build a 29th wedding anniversary. ple of Africa whom I will hold here
single dock. Now, that didn’t make And they said: Do you propose to Kay with me forever.
much sense to me, and so I decided at every day? One thing from my visits remains
that time to run for office and try to And I said: No. clear. Building meaningful and lasting
get things done where people in this And they replied: Why? relationships with African leaders is
body are actually responding favor- And I said: Because we are already vital if the United States is to have a
ably. married. role on the African Continent. I was
I remember when I first came to the Well, bingo, that meant something. proud to lead the effort to establish
Senate from the House. After I gave a And I thought—I was a little cautious AFRICOM. Some of you don’t remem-
very spirited speech on the Senate because these guys were younger, and I ber this, but AFRICOM didn’t exist for
floor, Senator Byrd came up to me and wasn’t sure I knew them that well. I a long period of time. Every other part
he said: Young man, the Senate doesn’t said, just in case they were right in the of the world did but not Africa. But we
work like the House. Let me tell you Members’ dining room at 2:30 in the set that up as a separate combatant
about the Senate. That day happened afternoon on September 22, 1988, I re- command in 2007, and I have seen the
to be November 17, 1994, which was my accepted—reaccepted—Jesus as my benefits across the continent since that
60th birthday. Until the day he died, I personal Lord and Savior. Now, that is time.
was still ‘‘young man.’’ And Senator life-changing. The presence of U.S. military across
Byrd explained to me—and this is OK. Now there is Africa. Since join- Africa means a great deal to our
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something that a lot of the new Mem- ing the Senate, I have made 172 African friends and is a worthwhile investment
bers who are just being sworn in as we country visits, alongside good friends for the United States. A strong and ro-
speak, and are here for the first time, from here, like Mike Enzi, JOHN BOOZ- bust relationship with the United
realize—that this is discipline and MAN, MIKE ROUNDS, Trent Kelly, Tim States has helped spur economic
major differences. If you make enemies Walberg, and arguably my closest growth and regional stability across
in the Senate, you are wiped out. That friend, Mark Powers, a real brother, the continent.
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November 16, 2022 CONGRESSIONAL RECORD — SENATE S6727
I think it is important to talk about Infrastructure—and we have gotten a And I have got to say this about
these things that other people don’t lot done together on that front over Oklahoma. Oklahoma has come out
talk about. I have faith that my col- the years. We passed bipartisan land- pretty well. You all don’t need to feel
leagues in the House and Senate will mark infrastructure legislation from sorry for Oklahoma because I will take
continue the United States-African SAFETEA–LU to MAP–21, to the FAST care of that. They are very happy right
friendship long after I have retired Act, all of which rebuilt our Nation’s now. Oklahoma has five major military
from the Senate. crumbling infrastructure so the future installations. From training pilots to
Western Sahara. Western Sahara. generations of Americans still have building bombs, each is unique in its
Over the years, I have been very out- safe roads and bridges to cross. mission to support our military.
spoken about the situation in Western Before 2005, Oklahoma—my State— Since 1988, we have gone through five
Sahara. A few years ago, I visited the was a donor State to the highway trust BRAC rounds. That is Base Realign-
Sahrawi refugee camps. I visited the fund. Now, what that means is we were ment and Closure Commissions. And in
children who lived there. They were paying more into the highway trust each round, the Department of Defense
joyous and happy and ordinary chil- fund than we were receiving out of it, closed bases and military installations
dren who didn’t know yet that they and of course we were going to change in accordance with their performance.
were part of the frozen, forgotten con- that. This is something we ought to be
flict, where their hopes and dreams SAFETEA–LU created a fair formula doing. And in each round, Oklahoma
were dying a cruel death. for apportionment so Oklahoma—I just and the Department of Defense grew its
I urge my colleagues to remember want to say this. I want to make sure presence in Oklahoma. So Oklahoma
our ideals of democracy and extend that people in Oklahoma, since I am has done very well in that period of
that to the Sahrawians. Don’t let the bugging out of this place, realize some time.
world forget them. I urge everyone in of the things that I have done. I know I am going to tell a story here that
this body to stand strong to support it is controversial in some circles to will surprise a lot of people because the
Western Sahara’s right to self-deter- say this, but I have been one of the star of the story is—none of these kids
mination and reject Morocco’s relent- staunchest defenders of congressionally will remember, except for reading
less attacks on Western Sahara. directed spending also known as ear- about it—Ronald Reagan. When I was
Ethiopia. Then there is Ethiopia, a marks. And an ‘‘earmark’’ must be de- about 6 years old, my dad was a claims
nation that is close to my heart for fined as something that is both author- adjuster in a building where Ronald
many reasons. The human suffering ized and appropriate and should be the Reagan was an announcer for WHO
happening there is heartbreaking. In- job of Congress to decide how the radio, a sports announcer in Des
stead of focusing on the importance of American people—how their taxes are Moines, IA—my dad and Ronald
creating lasting friendships with the spent, not unelected bureaucrats in the Reagan. In fact, I thought he was—I
Ethiopian people, some in the U.S. executive branch. And that is what we was about 6 years old at that time, and
Government look for ways to punish are trying to get away from when we I thought that he was related to me.
them. Nineteen of my African visits My dad and Ronald Reagan used to
are looking at why we should be using
have included Ethiopia, where I have play the pinball machine together. He
earmarks.
watched firsthand the economic trans- We have worked across the party would come out to the house, and I al-
formation that occurred. lines to ensure the National Defense ways thought he was an uncle or some
Their middle class is growing; they relative.
Authorization Act is signed into law
have become a regional superpower; When I was young, my family moved
every year. And as I said earlier, the
and they are a good friend of the from Des Moines to Tulsa—Tulsa, OK—
NDAA is the most important bill that
United States of America. Their mili- but we never missed a Dutch Reagan
we do every year and for a good reason.
tary is professional, capable, and they movie, which is what my dad called
This year will be the 62nd time that him, Dutch Reagan.
are punching above their weight in the
war against terrorism that continues the NDAA has been signed into law— We would drive—I remember one
to plague the continent. 62nd time. time we went all the way down from
They promote regional peace and se- And I am proud to have had a hand in Tulsa to Durant, OK, and that was be-
curity by being one of the top contribu- crafting the last 28 years of that bill. fore turnpikes. We drove for hours to
tors to the United Nations when they The Defense authorization bill ensures watch a Dutch Reagan movie. Never
are called upon. Hopefully, we can find that our service men and women have missed one of those. It is not a big deal,
ways to grow this friendship, the Ethi- the training, equipment, and other re- but it is to me, and I am the guy who
opian friendship. sources they need to defend America, needed it.
Then there is Zegita Marie. Now, here and on the road. Fast-forward to when, as mayor of
many of you already know that I have It also ensures that the families of Tulsa and Ronald Reagan was Presi-
an adopted granddaughter who was the men and women who serve are dent, when President Reagan wanted
born in Ethiopia. Her name is Zegita taken care of. Some elected leaders someone to tout his domestic agenda,
Marie. We call her the Z-girl. She has a criticize our military spending, but he used me. We would appear on all the
very special story and has grown up to they need to know that our greatest TV shows, sometimes together, and tell
be a very impressive star. Knowing the expense in the military is taking care the people what they needed to know
joys of adoption in my own family, I of our troops and building schools for and what was happening in the admin-
have worked to ensure all families who the young people and how important istration.
choose to adopt can. that is. And why does it cost more for I will always remember when, as
In 2017, when Ethiopia decided to us to do that than other countries? mayor of Tulsa, I pushed the construc-
close intercountry adoptions, I worked than communist countries? It does be- tion of a low-water dam on the Arkan-
directly with my friend then-Prime cause we do actually take care of our sas River. It ended up being one of the
Minister Hailemariam so the families people. largest public projects in America that
who were pending adoptions were able With growing threats from China, was totally privately funded. It had a
to complete their adoptions to bring Russia, Iran, and others around the lot of opposition, but it is pretty amaz-
their children home. That was a major world, it is more important now than ing. Go back and read about this, and
thing, a major undertaking. You ever that our troops have what they you will see that anything Ronald
wouldn’t think it would be. That need to counter this aggression. Ronald Reagan wanted, he got.
should be natural. Reagan used to say we maintain the Then there is the Wiley Post flight
Now, the Constitution. Yes, you have peace through our strength, and that around the world. Now, people may not
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heard me say this line before. There continues to be true today. After all of know who Wiley Post is. Everyone
are two things we should remember these years serving on the Senate knows who Will Rogers is. Well, Wiley
here in Congress: infrastructure and Armed Services Committee, I have Post and Will Rogers were both pilots.
defense. That statement rang true 28 come to know with certainty that The difference is, Wiley Post had just
years ago when I got to the Senate, and America cannot lose its focus on fully one eye and he was good. In fact, they
it will ring true in the years to come. investing in its defense capabilities. were together when they died.
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S6728 CONGRESSIONAL RECORD — SENATE November 16, 2022
Back in 1991, I was still in the House, The PRESIDING OFFICER. The Sen- JIM INHOFE has for decades served our
and a few friends and I created a Wiley ator from Rhode Island. State. He has been reelected over and
Post 1931 flight around the world in my Mr. REED. Mr. President, I would over and over again because the people
twin engine Cessna aircraft. It is hard like to the say a few words about my of our State know he loves them, know
to believe that was 30 years ago when colleague and friend and my battle he cares about them. They trust him in
we made that trip that left out of Okla- buddy, Senator JIM INHOFE. some very hard decisions that had to
homa, with several stops on the east It has been a great honor to serve be- be made in this place, and they know
coast, then in Europe, and then in the side JIM. I am grateful—we are all JIM INHOFE has been there for our
Soviet Union. Wiley Post had my plane grateful—for the legacy of his service State.
beat on the travel time. He did his in 8 he leaves in this Chamber. I jokingly say—and Senator INHOFE
days; it took me 16 days. For three decades, Senator INHOFE mentioned his passion for infrastruc-
Looking back, I am not sure how has served on the Armed Services Com- ture and for the U.S. military—that
Tom Quinn and I survived those stops mittees, from his time as a Member of when I run into somebody who is grip-
in the Soviet Union. I remember pray- the House of Representatives to his ing about the construction traffic that
ing: Lord, you got more for me to do. role in the Senate. they are currently sitting in, I will jok-
Get me out of this mess. For more than 20 years, I have had ingly say to them: Well, blame that on
Fighting far-left environmentalists, the privilege to serve with him on the JIM INHOFE because that new road, that
it is no shock to anyone that the Wash- Senate Armed Services Committee—in new place, that new infrastructure has
ington Post has dubbed me public turn, each of us serving as chairman been his passion all along to be able to
enemy No. 1 for radical environmental- and ranking member. Together, we make sure our State and our Nation,
ists for decades now. have produced nearly two dozen Na- quite frankly, continue to be able to
For much of my time in the Senate, tional Defense Authorization Acts, advance.
I was chair and ranking member of the traveled to combat zones and military In the days ahead, Senator INHOFE
Environment and Public Works Com- posts around the world, and worked to will be dearly missed in our State.
mittee. Throughout that time, I pushed support our men and women in uni- There is not a town that I go to as I
back against the Obama administra- form. No one could have had a better travel around our State that they don’t
tion’s far-left policies designed to partner in those endeavors. ask me: What are we going to do when
upend the—sought to upend the lives of We both served in the Army earlier Senator INHOFE retires? Not one. They
Oklahomans, like the Paris climate in our lives, and I know JIM carried out are all grateful, and they are all
agreement, the waters of the United his deep sense of responsibility to our spoiled by Senator INHOFE’s service to
States rule, the Clean Power Plan, and troops in the Senate each day. He them.
many others. These policies were really But I can’t tell you how excited my
never forgot that what we do here ulti-
about giving Washington bureaucrats wife Cindy and I are for him and Kay
mately is executed by young men and
sweeping control over the lives of mil- getting time together because they
women in the uniform of the United
lions of Americans. We are debating a have sacrificed much for our Nation
States. He never broke faith with those
lot of these same issues today, and I and for our State for decades, and I am
young men and women who wear that
expect these disagreements will con- excited for them to be able to finally
uniform, and the American military is
tinue into the future. get some time to be able to wake up
stronger and the United States is safer
Lastly, I want to take a second to every day and to be able to see each
because of JIM INHOFE. other and, quite frankly, for JIM to not
say thank you to all of my current and
I am especially proud that the Armed
former staff. They are hanging around have to be in yet another vote-a-rama
Services Committee voted to name this
out here now. I didn’t get much work all night voting, that he can actually
year’s Defense bill the ‘‘James M. spend his time with Kay.
out of them today. They were pretty
Inhofe National Defense Authorization So if I can say for the State of Okla-
busy, but my staff knows that once
Act.’’ It is a fitting tribute and honor. homa, we are grateful for JIM INHOFE.
they leave my office, they always have
JIM is an extraordinary leader whose We are grateful for the legacy he has
a place here. We have become very
legislative skills and boundless capac- left for our State. We are grateful for
close. We don’t have people who leave;
ity for hard work are unmatched, and his firm conservative stand that he has
they become friends.
I lovingly call my former staff the he is a firm and fierce advocate for the taken year after year after year. We
Has-Beens. It is something of a mark of people of Oklahoma. He has made sure wish him very well in retirement and
honor. And to all of you, thank you. that they benefit from his hard work are very excited to still continue to be
You are all about to be Has-Beens. and his great efforts, and he has done it able to walk with him in the days
Most importantly, to my family: I with unswerving honesty and integrity. ahead.
love you. Senator INHOFE, thank you for your I yield the floor.
When Kay and I got married 63 years leadership and dedication to the com- The PRESIDING OFFICER (Ms.
ago, I could never imagine I would be mittee and the Senate and particularly SMITH). The Senator from Illinois.
standing here today with 20 kids and the men and women of the Armed RESPECT FOR MARRIAGE ACT
grandkids saying goodbye. Forces. You have been a wonderful Mr. DURBIN. Madam President, my
Thank you to all you guys for all you partner and colleague, and I believe I office recently received a message from
have done all these years, and thank speak for the committee and the entire a woman named Amanda. She lives in
you for putting up with me. Senate when I say we will miss you Illinois and the Chicagoland area. She
To Kay, my best friend and rock, I dearly. Your steady, unselfish leader- tells me that she and her wife Cally
can never put into words what you ship will continue to help guide our Na- will be celebrating their fifth anniver-
mean to me. tion in the years ahead, and I wish you sary as a married couple. The two of
Finally, I want to say to the people and Kay and the family much happi- them have actually been together for 8
of Oklahoma that I really thank you ness as you plan for a well-deserved re- years, but after the Supreme Court’s
for what you have done for me all these tirement. 2015 decision in Obergefell, they de-
years. Thank you very much. I love May we all strive for the wisdom, cided it was time to tie the knot.
you guys. courage, and humility that Senator That ruling affirmed their love and,
The PRESIDING OFFICER. The ma- JIM INHOFE imparted upon this great just as important, their constitutional
jority leader. Nation and this distinguished Senate. right. The Court declared that their
TRIBUTE TO JAMES M. INHOFE I yield the floor. right to marry is a fundamental liberty
Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Sen- under the Constitution—for every
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just want to congratulate our friend ator from Oklahoma. American, regardless of sexual orienta-
from Oklahoma on an extraordinary Mr. LANKFORD. Mr. President, as tion. So in 2017, Amanda and her wife
career of service to his State and to the junior Senator from Oklahoma, I Cally exercised that right, and today
our country, and I will be having a lot can’t tell you what an honor it has they are the proud parents of two beau-
more to say about the senior Senator been to be able to serve with my senior tiful young children: a daughter, Aus-
from Oklahoma a little later. Senator. tin, and a son, Wren.
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November 16, 2022 CONGRESSIONAL RECORD — SENATE S6729
Really, that should be the end of the or intending to discriminate against culture wars. No more divisive rhet-
story. With Obergefell, Amanda and someone on the basis of their sexual oric. No more Big Lie. Enough.
her wife were guaranteed the same orientation. If you want to stand for family val-
rights as me and my wife, and it should If the Supreme Court’s last term and ues, let’s start by enacting protections
be the beginning of a new story: a lov- the Dobbs decision are any indication, for every family in America. We can do
ing couple who can now focus on their this radical far-right majority on the it, certainly, with the Respect for Mar-
family and taking care of their day-to- Court could very well use this case to riage Act, and even more.
day responsibilities: paying the bills, start the erosion of protections of To Amanda and Cally, I would like to
feeding the kids, navigating life as LGBTQ Americans. It is exactly the say, happy fifth anniversary. I hope
working parents. kind of judicial activism that we have that by the time your sixth anniver-
But, sadly, Amanda and many others come to expect from this current sary comes around, you won’t even
are now living in fear. Like millions of Court’s conservative majority. have to think twice about whether
Americans, she is facing the very real Remember when they boasted about your rights are secure.
prospect that this Supreme Court could the fact that Donald Trump was going RSV
soon rule that her right to marry the to put on three Justices who would rule Mr. DURBIN. Madam President, as
person she loves is not protected by the his way in future cases? It was pretty we head into the holiday season, par-
Constitution. She saw what this rad- clear from that day forward that the ents and doctors nationwide are con-
ical, far-right Supreme Court did with Supreme Court had a political bent. cerned about a dramatic surge in an ill-
the Dobbs decision just a few months The Federalist Society had to give its ness called RSV, a respiratory virus. It
ago, the decision that erased the con- stamp of approval. can be especially serious for children
stitutional right for the women of The Federalist Society is a multi- and older Americans.
America to make their own reproduc- million-dollar political arm of the Re- As a parent, there is no more terri-
tive health choices; and now she and publican Party. And before any judicial fying or helpless feeling than knowing
Cally are wondering: Will they come nominee had a chance in my Senate that your baby is sick. I know. I lived
for our rights to marry next? Judiciary Committee under the Repub- it.
Amanda wrote to my office: lican days, they had to get the ap- Caitlyn Berg experienced that fear
Justice Clarence Thomas, in his concurring proval of the Federalist Society. recently, too, when her 6-month-old
opinion in [Dobbs] . . . wrote that the court The Federalist Society, from the daughter became ill with RSV and was
‘‘should reconsider all of this Court’s sub- start, was setting out to eliminate a struggling to breathe. The Bergs live in
stantive due process precedents, including woman’s right to choose. They had Mount Zion, IL, a small town
Griswold, Lawrence, and Obergefell.’’ their victory in the Dobbs decision. downstate, near Springfield. Caitlyn
She said: But the American people spoke on Berg scoured the area looking for a
For the first time in our history, Ameri- November 8. Overwhelmingly, they said hospital that would cure her sick
cans are facing the loss of civil rights— across America: You can’t get away daughter. After many frantic calls, she
by this Supreme Court. with eliminating rights already estab- finally decided Springfield was the
Our two young children are growing up in
lished under the Constitution for any closest town with a hospital. She took
a world where they may, [and] in some cases American. her baby there and waited 8 hours in
[do], have less rights— I hope that that sentiment grows the emergency room before a bed fi-
and, eventually, we reverse the Dobbs nally opened up for her daughter.
fewer rights—
decision. Caitlyn Berg, incidentally, is a pedia-
than their parents and grandparents.
What we have seen is exactly the trician. If a pediatrician has to strug-
Amanda tells me she and her wife are kind of judicial activism we can come gle to find hospital care for her own
taking every legal step they can to to expect from the Court’s conservative sick infant, imagine the panic and fear
‘‘ensure that our recognition as par- majority. They twist the law and set other parents feel when their babies
ents to our own children cannot be aside longstanding precedent to estab- are struggling to breathe because of
challenged. This is emotionally and fi- lish the policies they prefer. RSV. And it isn’t just a problem in
nancially taxing,’’ she said, ‘‘and yet, It is not the Supreme Court’s role to small towns or rural America.
something that we feel we must do.’’ make the laws. How many times have Chicago is the third largest city in
There are more than 700,000 married we heard that speech from Repub- our country, with some of the best hos-
same-sex couples in America, couples licans? We don’t want judicial activ- pitals in the world, including some of
like Amanda and Cally, whose love and ists, they say. That job of making the the very best children’s hospitals. The
legal status were recognized under the laws belongs in Congress. rate of emergency room visits for
law and protected by a Supreme Court And today we can defend families young children with RSV is now 10
decision in Obergefell; couples who, like Amanda’s by voting for the Re- times higher than in 2019—10 times
along with their friends and families, spect for Marriage Act, which passed higher than a normal season 3 years
are demanding the Senate do what we just a few moments ago here on the ago.
should have done years ago: codify floor of the Senate with a strong bipar- This chart demonstrates that. Look
marriage equality. tisan vote. at this spike. As you can see, the num-
We can put their minds at ease before It will protect marriage equality ber of children admitted for RSV has
Justice Thomas and the far-right ma- under the Federal law, not just for skyrocketed. In Chicago alone, there
jority even have a chance to rip away LGBTQ couples but also interracial are hundreds of new cases each week,
yet another fundamental freedom. And couples, whose rights could also be in and nearly a dozen kids each day are
this is not an abstract exercise. Early peril by the Court’s far right majority. being hospitalized.
next month, the Supreme Court will The issue of marriage equality is too Earlier this month, Comer Children’s
hear oral arguments in a case called 303 important to get bogged down in par- Hospital at the University of Chicago
Creative LLC v. Elenis. It is a case tisanship, which is why this bill is a bi- was full, with no beds for 53 straight
that, apparently, is concerned with free partisan compromise. I hope that get- days. And Lurie Children’s Hospital of
speech, involving a website designer in ting 60 votes for the Respect for Mar- Chicago is also running at full capac-
Colorado who wants to build wedding riage Act is going to be an indication ity. Ninety-five percent of pediatric
websites but with the disclaimer that of more cooperation to guarantee that ICU beds across Illinois are full during
proudly announces she will not build Amanda and Cally do not have to lose this time.
websites for same-sex couples. sleep over the future that they have as This crush on pediatric hospitals
dlhill on DSK120RN23PROD with SENATE
She sued the State of Colorado, de- loving individuals married to one an- isn’t limited to Illinois. Over the bor-
manding the right to boast about her other and parents. der in Franklin, IN, little Ophelia—you
plans to discriminate against LGBTQ In last week’s election, the American can see her here in the bed—struggled
Americans. Such a disclaimer would people sent a clear message to Wash- to breathe after contracting RSV at
violate a State’s civil rights law, which ington and to the Senate: Get it to- preschool. She went to the local hos-
prohibits business from discriminating gether. Work together. No more toxic pital, and they transferred her to the
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S6730 CONGRESSIONAL RECORD — SENATE November 16, 2022
large children’s hospital in Indianap- leagues’ crusade for power has been dis- this has dealt to our recruitment. Keep
olis, where she was intubated for 5 astrous for the American people. We in mind that this is information that is
days. Thankfully, she is home safely have recordbreaking inflation, a cha- available to each and every Member of
now and recovered. otic southern border, and the col- this Chamber. My Democratic col-
Across the country, children’s hos- lapsing energy industry. This is the leagues have this information.
pitals are being pushed to the limit, world that the Democrats created in Here is what we have to consider: the
caring for infants, toddlers, and young just 2 short years. number of new servicemembers who are
kids sickened by RSV. In extreme What is worse, this Democrat-led joining the military is, right now—
cases, kids and babies may require ven- government has ignored the ripple ef- right now—at an all-time low. Acad-
tilators to breathe. fects of their reckless agenda in favor emy applications for our military acad-
The timing of this surge in RSV is es- of maintaining a political narrative emies are also at an all-time low.
pecially concerning, coming from the about progress. But to Tennesseans and See, even high school students know
worst flu season in a decade and while to so many Americans, it feels like the something is wrong with this picture.
new COVID variants are circulating. country is not moving forward; it is So they are not sitting there thinking:
Those three viral variants together moving backward. ‘‘I want to go to West Point’’ or ‘‘I
pose what many health professionals I have come to the floor again today want to go to Annapolis’’ or ‘‘I want to
argue could be a ‘‘triple-demic’’ of viral to talk about the ripple effects of the go to the Air Force.’’ They are not
illness. So let’s look for solutions. COVID–19 vaccine mandate that thinking that. What they are saying is,
The Children’s Hospital Association threatens to gut the ranks of the U.S. Why is the military focused on all this
and the American Academy of Pediat- military. This body has had multiple other stuff other than on their core
rics has asked this President to issue chances to avert disaster, and each mission—keeping this country safe?
an emergency declaration to free up time the Democrats have decided to Now, again, statistics prove the
more resources. I support them. take the wrong path. point.
At the top of the list, America des- I introduced two amendments to the The Army has fallen 15,000 soldiers
perately needs more nurses, more doc- National Defense Authorization Act short of their goal for 2022, and they
tors, more staff. Hospitals plagued with that would have kept politics out of don’t expect this situation to improve.
worker shortage even before COVID the military’s use of vaccines. They are In 2023, they think they are going to be
now have a pandemic that made the simple. Each amendment is about one 21,000 troops short. I want you to think
crisis even worse. If our children’s hos- page long. The first of these would about this. Think about what we are
pitals had more staff, they could imme- have prohibited involuntary separation facing, whether it is attacks from the
diately open more beds to treat the of any servicemember for refusing the axis of evil—Russia, China, Iran, North
kids. COVID–19 vaccine until each service Korea—or whether it is China’s aggres-
Congress made some headway in the achieves its authorized end strength. siveness.
American Rescue Plan, which passed You see, it makes absolutely no sense Think about this. Think about the
on the floor of the Senate without the that we would be removing people from difference that 10,000 troops, 15,000
support of a single Republican Senator. military service simply because they troops, 21,000 troops make, and then
It included my provision to invest $1 do not get a shot—a shot, by the way, ask yourself, why is it that men and
billion in the National Health Service that does not prevent you from getting women, citizens of this country, are
Corps for scholarships and loan repay- COVID. not wanting to raise their hand and
ments for new nurses and doctors who Now, the second amendment would take the oath to protect and defend? If
serve in urban and rural areas in need. make sure that members of the Na- you are honest with yourself, you know
But we need to do more to end the tional Guard or Reserve maintain ac- that a big part of the problem is the
healthcare worker shortage. Senators cess to both pay and benefits while way the military has been treated over
MENENDEZ, BOOZMAN, and SCHUMER their request for an accommodation—a the last couple of years.
have a bipartisan plan, which I sup- medical accommodation or religious We didn’t have this problem pre-
port. It increases funding for medical beliefs accommodation—is pending. viously. This is a problem that has
residency slots to train the next gen- But, of course, my Democratic col- been made for our military, for this
eration of doctors, nurses, and other leagues have blocked these two amend- Nation’s security. It has been made by
medical professionals. I support put- ments. They are common sense. They this administration.
ting that plan in the end-of-the-year protect our men and women in the The National Guard is missing their
package we will consider in the next military. recruitment goals. Why is that? Could
few weeks. But it is my plan to offer them an- it be that having to take a shot—and
It is also critical that we fund our other opportunity to do the right bear in mind, it is not a vaccine like a
public health system adequately and thing. I have combined these amend- polio vaccine or other vaccines; it is a
provide for data collection so we can ments into a bill. That bill is called the shot for a certain strain of COVID.
track RSV. The HELP Committee has Preserving the Readiness of our Armed What you have is a Department of De-
been working on this priority, and I Forces Act. It is filed. It is ready for fense that is willing to say ‘‘You are
certainly support their efforts. more cosponsors. I am also going to fired’’ to people who have volunteered
We are all in this together. The hos- give them another opportunity. When to serve this country, and they are
pitals are doing their best. Doctors and the NDAA finally comes to the floor, going to do it over a shot. They don’t
nurses are working extra-long shifts to they are going to have the opportunity expect anybody running over the
keep kids safe. We all need to do our to consider these two amendments, and southern border illegally, I might add,
part, too. For all of us, that means I am asking my colleagues to support to have the shot, but they expect mem-
staying home when we are sick, still me in this. I stand by my call to Lead- bers of the U.S. military, students at
washing our hands, getting COVID er SCHUMER to bring the NDAA to the our academies, those who are on Active
booster and flu shots. For those of us in floor for a vote and hope that my Duty, those who are reservists, those
Congress, it also means providing the Democratic colleagues will change who are in the National Guard to get
resources to get safely through this course and support these two amend- this even though President Biden has
current surge of RSV and building the ments to protect our men and women said the pandemic is over—it is over.
strong public health infrastructure in uniform. So you have to ask, why is it that
that American families require. But, right now, the ripple effect is they are continuing to beat down on
I yield the floor. seen as another reckless power play by the military? Why are they willing to
dlhill on DSK120RN23PROD with SENATE
The PRESIDING OFFICER. The Sen- this administration and their Depart- pummel them over a shot? Why are
ator from Tennessee. ment of Defense. they not willing to put the NDAA on
NATIONAL DEFENSE AUTHORIZATION ACT I went into detail earlier this week the floor? We have done it for 61 years.
Mrs. BLACKBURN. Madam Presi- about how this would hamper the read- Are we going to miss on year 62? Why
dent, I have spoken repeatedly about iness of the U.S. military, and I want is it not a priority? Could it possibly be
the many ways my Democratic col- to focus on the death blow today that that the NDAA is not a priority for my
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November 16, 2022 CONGRESSIONAL RECORD — SENATE S6731
Democratic colleagues, that the men I yield the floor. will of the American people as ex-
and women in uniform protecting them The PRESIDING OFFICER. The Sen- pressed through elections.’’ That core
and their families are not a priority? ator from Iowa. constitutional principle keeps our
Could it be it is not at the top of their CIVIL-MILITARY RELATIONS ‘‘powerful standing military’’ from
to-do list? Mr. GRASSLEY. Madam President, I threatening democracy.
The choice to enter military service want to share some words of wisdom ‘‘Healthy civil-military relations’’—
is a serious choice. It is a choice that with my colleagues. These words of those four words are in quotes—
people do not make lightly. But this wisdom come from 13 former top civil- ‘‘Healthy civil-military relations’’ are
hesitancy to serve should raise alarm ian and military leaders. I am going to instrumental to civilian control. They
bells in this Chamber. Looking at these start with the list of eight former De- must rest on a rock-solid foundation of
numbers that are falling so far short of fense Secretaries: Dr. Ashton Carter, ‘‘mutual trust.’’ Mutual trust and re-
our recruitment goals, our retention recently deceased; William Cohen, also spect between civilian and military
goals, should ring some alarm bells. It a former Senator; Dr. Mark Esper; Dr. leaders are essential for healthy civil-
is symptomatic of a much larger prob- Robert Gates; Charles Hagel, also a military relations. They are fostered in
lem. former Senator; Gen. James Mattis, be- part by honest deliberations over pol-
The past few years haven’t been easy sides being Secretary of Defense; Leon icy choices. According to this open let-
for anyone, but we all have the benefit Panetta, also a former Congressman; ter, mutual trust is cultivated when ci-
of hindsight. We all have the benefit of and Dr. William Perry. Also added to vilian leaders ‘‘rigorously explore al-
lessons learned. But it appears that this list are five former Chairmen of ternatives that are best for the country
some people are just not willing to the Joint Chiefs of Staff: GEN Martin regardless of the implications for par-
learn from those lessons, and anyone Dempsey; GEN Joseph Dunford, Jr.; tisan politics.’’
willing to be honest about how the ADM Michael Mullen; GEN Richard A ‘‘dynamic and iterative process’’
Democrats have handled this can see Myers; and GEN Peter Pace. They offer for policy development helps ‘‘civil-
two things pretty clearly: some very sage advice for improving military teams build up a reservoir of
First, turning the debate over the civil-military relations. trust.’’ That extra measure of trust
COVID vaccine into political warfare— Everybody knows where this prin- will defuse friction when the military
that is a choice that the Democrats in ciple came from of civil control of our must ‘‘faithfully implement directives
this Chamber, the Democrats in Wash- military. It happened December 1783 that run counter to their professional
ington, DC, and this administration— when GEN George Washington surren- military preference.’’
that is a choice that they have made. dered his papers to the Continental When tensions rise over disagreement
Let’s take this vaccine mandate, and Congress and gave up being commander with the Commander in Chief’s policy
let’s turn it into political warfare. in chief at that particular time. choices, the former Pentagon leaders
Secondly, getting political about this These words of wisdom appear in an offer this guidance in their very own
particular vaccine or shot, as it is, in open letter that was published Sep- words. And this is a fairly long quote:
the context of military readiness—that tember 6 in a national security blog, Elected (and appointed) civilians have the
was a choice; I might add, a very bad, and that blog is entitled ‘‘War on the right to be wrong, meaning they have the
a very inappropriate choice. The mili- Rocks.’’ right to insist on a policy or direction that
tary is supposed to be apolitical. Serv- I intended to speak about this letter proves, in hindsight, to have been a mistake.
icemembers count on that when they at the time that I first read it, but due This right obtains even if other voices warn
sign up to serve, when they raise their in advance that the proposed action is a mis-
to our extended recess, I am just now
hand, when they take that oath, but take.
getting to it about 2 months late. Military officials are required to carry out
now punditry drives policy at the Pen- These former leaders warn us about legal orders the wisdom of which they doubt.
tagon, and this has eroded trust be- what they call ‘‘extreme strain’’ in Civilian officials should provide the military
tween the military, the servicemem- civil-military relations coming from ample opportunity to express their doubts in
bers, and their families. all directions, and these are the direc- appropriate venues . . . members of the mili-
The Democrats are in charge of the tions that this strain is coming from, tary accept limits on the public expression of
Senate. If they had allowed it, we could affecting civil-military relations: the their private views—limits that would be un-
have had an honest debate about my pandemic, with social disruption; wars constitutional if imposed on other citizens.
two amendments. As I said, they are Civilian and military officials should also
that ended with unachieved goals; mili- take care to properly characterize military
each about one page long. They are tary withdrawal from Afghanistan; ris- advice in public. Civilian leaders must take
there specifically to protect our men ing great-power rivalries; ‘‘extremely responsibility for the consequences of the ac-
and women in uniform, to say we have adverse’’ political environment caused tions that they direct.
to have them serve. We lost 5,700 to by the divisiveness of polarization in Now, the advice of these former
this COVID mandate. We are short—I our American society, evidenced here chiefs of staff and former secretaries of
have given you the numbers—15,000 in the Congress of the United States; defense is honest, it is direct, and
this year and 21,000 for next year. That and lastly, contested elections and the squares very much with the Constitu-
is what we are short. Recruitment is shaky transfer of power. After listing tion of the United States. The Com-
low. We are not hitting our marks these points, these defense leaders then mander in Chief’s orders must be
there. Signing up for our military predict rising tensions. obeyed. The military must refrain from
academies—the numbers are the lowest This is a red flag that we all ought to criticizing the President in public. And
ever. We are not hitting the mark observe. Civil-military relations are the President is accountable for policy
there. Why is it? Be honest with your- out of balance. choices.
self and ask yourself, what has caused Although alarming, the open letter is On partisan political activities, the
this change in attitude? You know, if both educational and reassuring. It of- former chiefs and secretaries of defense
you are honest with yourself, if the fers guidance and remedies. Sixteen offer a straightforward piece of advice:
President were honest with himself, he what they call ‘‘core principles and There are significant limits on the public
could rescind that mandate. That best practices’’ are spotlighted for re- role of military personnel in partisan poli-
would be a very good thing. But to ig- storing ‘‘healthy American civil-mili- tics, as outlined in longstanding Defense De-
nore reality and pretend that these low tary relations.’’ Most of these remedies partment policy and regulations . . . mili-
recruitment numbers, these firings, hinge on the all-important principle of tary and civilian leaders must be diligent
these retention numbers are all OK—it civilian control of the military. about keeping military separate from par-
is unconscionable. By the way, I spoke on that very sub- tisan political activities.
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It is time for my colleagues—my ject from a different angle on July 14 of The final best practice that they
Democratic colleagues—to stop ignor- this year. offer us covers the responsibility of
ing the reality, stop ignoring the ripple The letter that I am referring to military leaders during the transfer of
effects of their political agenda before views civilian control as I do: ‘‘the bed- power after Presidential elections.
it puts our Nation and our military in rock foundation of American democ- They—meaning the military—have a
danger. racy.’’ It is ultimately ‘‘wielded by the dual obligation. First, they must assist
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S6732 CONGRESSIONAL RECORD — SENATE November 16, 2022
the incumbent Commander in Chief in need the wealthier nations and the itor methane emissions around the
the exercise of his or her constitutional ultrawealthy corporations responsible world using satellites, aircraft, drones.
duty. And, second, since the voters for the lion’s share of climate upheaval Utilize this data to quickly identify
choose the new Commander in Chief, to step up to finance the clean energy and eliminate large sources of methane
they must prepare to assist whomever transition for those countries. emissions.
the voters pick. So, what are the things the United We should stand up an enforcement
They carry out their responsibilities States and other nations should do? At task force to make sure leakers
regardless of who sits in the White the COP, I spoke a lot about the up- promptly face the best enforcement
House. To summarize, this open letter coming European Union carbon border methods to stop their leaks. Combined
provides sound advice that could help adjustment mechanism, or CBAM. The with my methane fee, which was adopt-
to moderate civil-military strife. It EU already applies a carbon price to ed into the IRA as the Methane Emis-
telegraphs a message to the top brass: energy-intensive manufactured goods. sion Reduction Program, we now have
It is time to hit the reset button and That is one of the main policies that is the platform for the EPA, the Depart-
rebalance civil-military relations. driving decarbonization in Europe, and ment of Justice, the Department of the
Now, I don’t know the motive behind they will start, later this decade, im- Interior, and interested State, local,
this letter, because there wasn’t any posing a carbon tariff on goods from and tribal authorities to, as they would
indication of it, but the sum of it may countries that don’t impose a com- say in the military, find, fix, and finish
be pointed directly at Chairman of the parable carbon price on those imported methane leak sources.
Joint Chiefs of Staff General Milley. goods. Given that methane emissions are a
My advice to him: Take their sage ad- My message to the COP: The EU global problem, particularly in fossil
vice to heart. A dose of humility bur- CBAM is good policy. It creates an in- fuel-producing countries like Russia, I
nishes one’s integrity. As the Nation’s centive for lower carbon manufac- also urged the U.S. and foreign officials
most senior military officer, General turing, no matter where the goods are with whom we met to stand up an
Milley has a responsibility to set an ex- produced. The United States should international task force to identify
ample of excellence and cease all par- not—I repeat—the United States overseas methane emissions and sanc-
tisan political activity. Partisan polit- should not complain about the EU tion parties, companies, and countries
ical activity is harmful to civil-mili- CBAM. Our manufacturers are among that don’t eliminate them.
tary relations and has the potential for the least carbon intensive in the world, Buried within EPA’s methane pro-
creating dangerous divisions within the and they will pay far lower carbon tar- posal is another important announce-
ranks of the Armed Forces. iffs than, for instance, Chinese manu- ment, an updated social cost of carbon,
Military personnel must stay out of facturers. That makes American com- pegged at $120 per ton, more than dou-
politics. Period. End of story. panies more globally competitive and ble the Obama-era estimate. This too is
I yield the floor. will move jobs and manufacturing our a ‘‘BFD.’’ But only if the Office of Man-
The PRESIDING OFFICER. The Sen- way to our shores. agement and Budget follows up and
ator from Rhode Island. So instead of complaining, we should spreads its use beyond just the EPA
CLIMATE CHANGE match the EU CBAM or beat it with and this regulation into rulemaking,
Mr. WHITEHOUSE. Madam Presi- our own carbon border adjustment procurement, grantmaking, investment
dent, I rise today for my 286th ‘‘Time plan. And, by the way, we should urge decisions, leasing, trade policy, just to
to Wake Up’’ speech, in this case to re- the British and the Canadians and the name a few. It would be trans-
port back from the United Nations’ Japanese and the Australians, anyone formative; and given the scale and
27th Conference of the Parties, or COP, else interested in lowering emissions, scope of the Federal Government, it
the annual meeting where the nations to do the same. We should all pull to- would have the power to move mar-
of the world work to combat climate gether. kets.
change. The Paris Agreement, for in- The beauty of a well-designed carbon One note of warning, our success in
stance, sprang from the COP. Senators border adjustment is that it prevents the United States, as well as in coun-
CARDIN, MARKEY, and I went to this cheating by polluters to cross borders tries around the world, will, in signifi-
year’s COP in Egypt. Speaker PELOSI and pollute elsewhere for free. cant ways, be determined by the behav-
led a separate House delegation, and A carbon border adjustment regime ior of big corporations.
President Biden traveled there with a will drive decarbonization every- Corporate America has built the big-
large executive branch delegation to where—in China, India, and around the gest political influence operation the
make some important announcements. world. If their manufacturers want to world has ever seen. It surrounds this
Our Senate delegation met with gov- compete, they will have to reduce their building, surrounds us here in Con-
ernment officials from many other emissions. So, yes, let’s meet or beat gress. Lobbyists, dark money, trade as-
countries, with American officials, the EU CBAM, not fear it or resist it. sociations, political contributions,
with UN leaders, and with dozens of By the way, when we heard quibbles phony think tanks—it is an awesome
business leaders, labor leaders, envi- about our IRA incentives for clean en- apparatus, and it is one that corporate
ronmental groups, environmental jus- ergy and electric vehicles and low car- America has yet to switch on for cli-
tice advocates, and oceans advocates. bon manufacturing being unfair to our mate legislation. They either sit out
We consistently heard that the work foreign trading partners, my response there doing nothing or they actually
we accomplished right here in this was the same: Meet us or beat us. Pass oppose it.
Chamber through the Inflation Reduc- incentives as good as ours or better. Despite often admirable corporate
tion Act and by ratifying the Kigali Let our IRA be an example that can be work to decarbonize their own oper-
Amendment brought our country back replicated around the world. As I men- ations and even their supply chains,
into global leadership on climate. But tioned earlier, President Biden came to much of the corporate political appa-
we know that our work to tackle cli- the COP with ambitious proposals. He ratus is actually actively hostile to
mate change is not over—not by a long unveiled a new EPA proposal to reduce real climate legislation. And on top of
shot. methane emissions from oil and gas that, of course, is the fossil fuel indus-
Emissions from fossil fuel are still production and transport by almost 90 try’s inveterate, ceaseless obstruction
growing. 2022 fossil fuel emissions will percent. machine.
blow right past previous record highs. This is—as President Biden might So I was pleased to see the United
Things are not getting better yet; they say—a ‘‘BFD’’ as methane emissions Nations Secretary General announce
are getting worse. We need additional are responsible for about 25 percent of new criteria for assessing corporate cli-
dlhill on DSK120RN23PROD with SENATE
ambitious climate policies, both at observed warming. The EPA proposal is mate pledges—criteria that will in-
home and abroad, to reduce those emis- a huge step in the right direction. It clude their lobbying and advocacy be-
sions. would create a new process for third- havior. The report states:
And because climate disasters so party monitoring of methane emis- [Companies] must align their external pol-
often fall upon the most vulnerable, sions. There are already a number of icy and engagement efforts, including mem-
particularly in developing nations, we private and public entities that mon- bership in trade associations, to the goal of
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November 16, 2022 CONGRESSIONAL RECORD — SENATE S6733
reducing global emissions by at least 50% by Those are emissions from China, the aisle have taken the step to also
2030 and reaching net zero by 2050. This from the United States, from India, support this legislation.
means lobbying for positive climate action and from the EU. When you add them The State of Washington was one of
and not lobbying against it. [Companies]
up, you see the global figure. If we ad- the first 10 States to legalize same-sex
should publicly disclose their trade associa-
tion affiliations. They should encourage dress each of these or just our own, it marriage and did so by a vote of the
their associations to advocate for positive does not help enough to avoid the con- people.
climate action and have an escalation strat- sequences of that continuing upward I recently received a letter from a
egy if they do not, including the option of emissions trajectory. constituent from Everett, WA, saying
leaving the association if the necessary So that is where an internal social that she and her wife moved to Wash-
changes are not made. cost of carbon that cuts across every ington in 2016 because ‘‘they needed to
I could not agree more. At COP, I re- aspect of government, buttressed by a be somewhere where our rights would
peatedly made the argument that com- carbon border adjustment of the be protected in the event that they
panies should actually be required to world’s major economies—that is what would be threatened.’’
file audited climate political footprint can drive that line down and put us on She said: ‘‘As soon as I arrived in
statements. Too many companies have a pathway to safety. Washington, I felt like I had come
been two-faced for too long. That cli- I yield the floor. home.’’
mate political footprint statement The PRESIDING OFFICER (Mr. Marriage equality has been protected
should be the ticket that admits com- OSSOFF). The Senator from Wash- under Washington State law for a dec-
panies to COP and to other environ- ington. ade. It has been protected by the Su-
mental gatherings. RESPECT FOR MARRIAGE ACT preme Court for 7 years, and yet, here
But instead of corporate trans- Ms. CANTWELL. Mr. President, I in the Senate, there are some who
parency about their political activi- come to the floor tonight to urge my don’t believe that we need to take fur-
ties, more than 600 fossil fuel lobbyists colleagues to support the Respect for ther protections.
swarmed this COP. Coca-Cola, the Marriage Act. Today, we took an im- At least 11.5 million people in this
world’s largest plastics polluter, was a portant step by passing the procedural country are in an interracial or same-
leading sponsor. That ‘‘worst climate hurdle to make sure that marriage sex marriage. That is no less than 20
obstructor’’—the U.S. Chamber of Com- equality is put into law. percent of all marriages in the United
merce—hosted the big dinner and put This legislation would ensure that States.
on a speech by a fossil fuel services both the Federal and State Govern- With a number like that, we all know
company president. It is hard for peo- ments will continue to recognize all someone in one of those marriages,
ple around the world to take COPs seri- marriages and continue to not dis- whether they are our friends, our
ously when the fossil fuel industry and criminate based on gender, sexual ori- neighbors, our colleagues. We know
other large polluters have such a entation, national origin, ethnicity or that we need to give them the same
prominent presence at the COP and race. These are strong protections that certainty, and we know that codifying
they haven’t had to even disclose their are long overdue. marriage equality into law, they will
political efforts to undermine that very I understand some of my colleagues not be in jeopardy of losing those
COP. do not see a need for passing this legis- rights.
Instead of welcoming the big pol- lation, but I would ask them to stand Same-sex and interracial couples de-
luters to COPs, we should hold them in the shoes of someone in a marriage serve the assurance that their mar-
accountable for the damages their pol- that is in danger of being dissolved riage will be recognized. They need to
lution is causing. A windfall profits overnight by a court decision. The know that they will continue to enjoy
clawback on global excess fuel profits, same rationale for overturning Roe v. the freedom and privileges that are af-
just like the conservative Tories did in Wade can be used in this landmark Su- forded to other couples, and we need to
the UK, could help fund remediation, preme Court decision we just saw that make sure that this is for generations
transition, and adaptation efforts in could erode further privacy rights and to come.
developing countries. It is a common- be used in same-sex marriages. The American people want this legis-
sense principle that polluters should While marriage equality is constitu- lation passed, and I urge my colleagues
pay for the harm that they cause. tionally protected today, the Supreme to come together and support this very
At the end, I left this COP with a Court’s reasoning in Dobbs v. Jackson important Respect for Marriage Act.
sense of pride that the Senate and the Women’s Health Organization indi- I yield the floor.
U.S. Government are finally getting cated the Court is open to reconsid- I suggest the absence of a quorum.
going on climate, but also a sense of ering cases that determine certain fun- The PRESIDING OFFICER. The
the awesome difficulty of the task damental rights are protected under clerk will call the roll.
ahead to bend that global emissions the equal protection and due process The bill clerk proceeded to call the
curve, to hit nature’s emissions reduc- clause of the 14th Amendment. roll.
tion targets. I believe it is our job here in the Sen- Ms. KLOBUCHAR. Mr. President, I
Our work is not close to done. In fact, ate to represent the voice of our con- ask unanimous consent that the order
it has only just begun. After decades of stituents, and those voices are loud and for the quorum call be rescinded.
delay, deliberately caused by the fossil clear. An overwhelming majority of The PRESIDING OFFICER. Without
fuel industry’s multibillion-dollar cam- Americans support marriage equality. objection, it is so ordered.
paign of denial and obstruction, we are According to a Gallup poll, 71 percent Ms. KLOBUCHAR. Mr. President, I
now in a marathon that we will have to of Americans approve of same-sex mar- rise in support of the Respect for Mar-
run as a sprint. But this past year riage. In September, over 220 busi- riage Act, and I am proud to be a co-
proved that we are finally up and run- nesses, representing more than 8.5 mil- sponsor.
ning, and the announcements at COP lion employees, called on the U.S. Sen- I come from a State that has long
will pick up our laggard pace. Our ate to pass this legislation. been at the cutting edge of progress.
joints may be stiff from disuse, our And this was not a bill that garnered Minnesota began protecting LGBTQ
breathing may be ragged from years of support from just a few Republicans for people against workplace discrimina-
lassitude on the couch, but we have at the sake of calling it bipartisan. Forty- tion in 1993. At that time, it was the
last begun to run. And, boy, does it feel seven Republicans and over 20 percent first and only State in the Nation to
good. We will only speed up and do bet- of the House GOP Members recognized outlaw discrimination based on gender
ter. Powered by the energy and enthu- that this should be enshrined into law identity. And two decades later, in
dlhill on DSK120RN23PROD with SENATE
siasm of legions of young voters, we and supported the legislation. It passed 2013, we became the 12th State to legal-
are, I dare to say, at last coming the House by a large majority—267 to ize marriage equality.
awake. 157. Across the country, as we know,
I will close with this last slide which Americans support this bill. Busi- many States have made advances.
shows how important it is to see this as nesses support this bill. And now some Today, 23 States have laws protecting
a global problem. of my colleagues on the other side of people from discrimination based on
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S6734 CONGRESSIONAL RECORD — SENATE November 16, 2022
sexual orientation or gender identity. that we won’t go back to the days when tion to be able to add further protec-
And in 2015, the Supreme Court recog- a gay soldier, killed on the battlefield, tions to individuals who have religious
nized that the U.S. Constitution guar- was denied the honor and the respect of liberty differences. And we have wide
antees same-sex couples the right to an official notification of next of kin. variations of religious expressions in
marry. And we won’t go back to the days of the United States. It is part of what
But as far as we have come, we still hospital patients being left to spend makes us such a unique nation. It is
have miles to go until LGBTQ Ameri- their final moments alone without the that we guard the rights of every indi-
cans can live their lives with freedom, person they love most by their side. vidual to not have to believe the same
authenticity, and equality. And we This bipartisan vote today, and the as the government believes or not even
must also make sure that we protect one that we will have in the coming have to believe the same as your next-
the progress we make. days, is about, no, we will not go back- door neighbor believes but to have the
From what happened recently with ward. We will not go backward in this right to freely have a faith of your
the Dobbs decision, as we know, rights Chamber. We will not follow the way choosing, to change your faith at any
that people take for granted—nearly 50 that the Supreme Court has been going point, if you choose to, or to have no
years of Roe v. Wade—can vanish with when it comes to folding back rights faith at all and be respected as an
one mark of a pen, with one signature and denying rights. That is not what American; quite frankly, to be pro-
on a piece of paper. America is about. tected as an American.
In fact, when it comes to gay mar- We should all be able to agree that This landmark piece of legislation,
riage, when it comes to the protections States shouldn’t be able to discrimi- the Religious Freedom Restoration
granted by the Obergefell case—it was nate against people based on whom Act, has not been altered in the 29
actually raised in one of the Justice’s they love. This bill gives each and years since it has been passed. The pur-
written opinions—we know that this is every one of my colleagues the oppor- pose of the act was to restore a compel-
on the chopping block. tunity to make that statement. ling interest test to be able to make
That is why, when a Supreme Court We know that there is more to be sure that if government acted in any
Justice signals that the hard-won legal done to make sure all Americans are way to affect anyone’s religious lib-
protection for marriage equality could entitled to equal protections under the erty, there had to be a compelling rea-
be on that chopping block, putting the law, but this is an important step to- son for that from the government to
legal rights of countless married cou- ward ensuring that no American expe- guarantee its application in all cases
ples and families in jeopardy, we felt— riences discrimination because of where free exercise of religion is sub-
a number of Republicans and Demo- whom they love. stantially burdened and provide a
crats—on a bipartisan basis, that we This is a great moment. It is a won- claim or defense for those whose reli-
had to step in. That is why we are here. derful moment because my colleagues gious exercise is substantially bur-
The way I see it, all three branches of were able to reach an agreement across dened by government.
government have a responsibility to the aisle. It is a wonderful moment be- The Religious Freedom Restoration
protect people’s rights. This is why our cause we are fulfilling our constitu- Act doesn’t pick winners and losers. It
system of government was set up this tional duty of checks and balances. It provides a balancing test. The govern-
way brilliantly. If one branch doesn’t is a moment of joy. ment may burden someone’s religious
do its job, then it is up to another to We have to remember that some- exercise only if the burden is in fur-
step in. Yes, it is a system of checks times in our job, we have these mo- therance of a compelling government
and balances. Checks. If someone’s ments that actually people say thank interest and is the least restrictive
power is out of control, as I believe you for what you just did. They stop means of furthering that compelling
happened here—out of the mainstream, you in an airport, as the Presiding Offi- government interest. Twenty-nine
out of consistency with the American cer knows, and say thank you. A lot of years ago today.
people—that is a check. That is why we people are going to be saying that this Then, today, my colleagues moved
have it this way. week because they know this is the forward on a bill that, instead of pro-
That is why you are seeing today— right thing to do, regardless of people’s moting equality for all people of all
thanks to the leadership of our friends political views, regardless of their reli- opinions, it specifically highlights
Senator FEINSTEIN, Senator BALDWIN, gious beliefs. It is why we are so proud areas of religious faith differences and
Senator COLLINS, Senator SINEMA, Sen- that so many religious organizations says their opinions won’t count this
ator PORTMAN, Senator TILLIS, and so are supporting this bill. time.
many others—that we have reached a I yield the floor. It deals with this issue of marriage,
bipartisan agreement to move this bill I suggest the absence of a quorum. which has been a controversial issue in
forward. The PRESIDING OFFICER. The America but was, quite frankly—since
As you know, in July, the House of clerk will call the roll. 2015 in the Obergefell decision in the
Representatives passed the Respect for The senior assistant legislative clerk Supreme Court, there have been no
Marriage Act to protect marriage proceeded to call the roll. cases moved in the country to deny
equality. They did that on a bipartisan Mr. LANKFORD. Mr. President, I ask same-sex marriage to any individual in
basis as well. Forty-seven Republicans unanimous consent that the order for any State across the Nation.
voted for that bill in the House of Rep- the quorum call be rescinded. Today, my colleagues moved forward
resentatives. The PRESIDING OFFICER. Without on a bill to open up debate—without
For our Senate bill, I will note that objection, it is so ordered. amendment, may I add—on a bill that
the bipartisan text also has broad sup- RELIGIOUS FREEDOM RESTORATION ACT would certainly affect the religious lib-
port from faith-based organizations to Mr. LANKFORD. Mr. President, 29 erty of countless people across the
more than 250 businesses, including years ago today—29 years ago today— country. That is not just my opinion.
Minnesota’s own Target and Best Buy. President Bill Clinton signed into law a Religious liberty organizations from
We have before us a bill that requires bill sponsored by then-Representative all faiths and from all backgrounds
States and the Federal Government to CHUCK SCHUMER that has aided in the have already been speaking out on this
respect marriages legally entered into defense of protection of one of the most issue. Just in the last 24 hours, the Al-
in other States, regardless of the sex or fundamental freedoms that we have in liance Defending Freedom, the Amer-
the race of the people who are married. our Nation; that freedom, religious ican Association of Christian Schools,
This is the kind of bill that should freedom. The bill was called the Reli- CatholicVote, the Center for Urban Re-
get 100 votes. It is about equality; it is gious Freedom Restoration Act. newal and Education, the Centennial
dlhill on DSK120RN23PROD with SENATE
about dignity; and it is about love. It is The Religious Freedom Restoration Institute, the Christian Employers Al-
about saying that we won’t go back to Act passed by Congress today, 29 years liance, Concerned Women for America,
the days when a patchwork of State ago, found that government should not Eagle Forum, Ethics & Religious Lib-
laws determined whether the union of substantially burden religious exercise erty Commission, the Faith and Free-
two people who loved each other would without a compelling justification. It dom Coalition, the Family Research
be recognized by their government; was truly a landmark piece of legisla- Council, the Family Policy Alliance,
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November 16, 2022 CONGRESSIONAL RECORD — SENATE S6735
The Heritage Foundation, the Liberty that is literally titled ‘‘No Impact on there. Until you read the text. No,
Counsel, Lifeline Children’s Services, Religious Liberty and Conscience.’’ So those words are in there, but there are
the National Religious Broadcasters, that is the big, nice title of that sec- two big qualifiers that are also in that
Religious Freedom Institute, the tion, section 6 of the bill. So let me section.
United States Conference of Catholic read section 6 of this bill to you. The first of the qualifiers begins with
Bishops, and the Ethics and Public Pol- The first part of it, section (a), says: ‘‘Nothing in this Act . . . shall be con-
icy Center have all spoken out and said Nothing in this Act, or any amendment strued to deny or alter’’ the benefits,
this bill that is currently on the floor made by this Act, shall be construed to di- meaning if it is in something else, that
of the Senate will damage religious lib- minish or abrogate a religious liberty or con- is not protected. It has to be something
erty. science protection otherwise available to an specifically in this act.
Religious institutions are rising up, individual or organization under the Con- The second thing is the very end of
reading the text of this bill, rather stitution of the United States or Federal
this. It gives a long section on this.
than just listening to the debate of this law.
Nothing in this Act, or any amendment
bill, and saying: There is a problem Now, that has got to be the biggest made by this Act, shall be construed to deny
here. ‘‘no duh’’ statement out there. This or alter any benefit, status . . .
Practically, what would this mean? piece of legislation doesn’t overturn It goes on to explain some of these
Practically, what could this mean? the Constitution is what it says. That things, and then it ends with this:
I would say, first and foremost, we is an unnecessary statement on it. Of
Provided such benefit, status, or right does
don’t want anyone to be discriminated course the Constitution stands above not arise from a marriage.
against in America—anyone to be dis- it.
criminated against in America. All in- The second part of this, in part (b), That is the qualifier:
dividuals should be honored. All indi- says, basically, a rabbi, an imam, or a Provided such benefit, status, or right does
viduals should be able to live their pastor is not compelled to perform a not arise from a marriage.
lives in freedom in America. But, prac- marriage ceremony that they are reli- Now, I have handed this around and
tically, this bill puts faith-based child giously opposed to. That is the whole asked legal counsel: Explain to me
welfare organizations who are oper- religious liberty section of it—the what that means. And the first re-
ating in accordance with their sin- whole section. First, it says it doesn’t sponse that I get is: Well, that is a
cerely held religious beliefs, namely, to overturn the Constitution, and, second, clear protection for individuals that
place children in loving families—it it says pastors, imams, rabbis don’t are married that if there is any right
puts them in jeopardy. have to perform religious weddings given to any other married couple,
While some of my colleagues may that they are personally religiously op- they get the same right.
say, Well, that is farfetched, may I re- posed to. And I was like, that makes total
mind you, the Supreme Court has al- That doesn’t help. In fact, there is a sense. What about for entities, because
ready handed down a decision in Ful- qualifying feature in the middle of all the word ‘‘entity’’ is in this list?
ton and would remind us this is con- this in that section, section 6, which And that is where it gets fuzzy be-
tinuing to happen. Catholic Charities limits the individuals that would even cause it has this qualifier:
has been shut out of the child welfare get any kind of protections on this by Provided such benefit, status, or right does
system in Illinois, in DC, in California, saying ‘‘whose principal purpose is the not arise from a marriage.
and in Massachusetts already, and then study, practice, or advancement of reli- We don’t know how that is going to
this bill is coming. gion,’’ meaning an individual would be interpreted for entities. So it is left
Let me tell you some of the problems first have to prove that your principal for the courts to decide in the days
with the bill because I have had indi- purpose is to study, practice, or ad- ahead how that is going to be inter-
viduals tell me about what they say is vance religion before you even got preted.
in the bill, and then I actually pull the
those exceptions. So what has been done with this? All
text of the bill out and show it to them
Why is that important? Well, I asked these things have been brought up. We
and say: Show me where that is in the
some of the sponsors of this bill why have had this text now for about 36
bill. And their response to me typically
that particular piece of text is in there, hours. It literally just got dropped on
is: Well, that is the intent of the bill.
Well, we don’t deal with intent here and their explanation was, well, be- us. So for about 36 hours we have been
in Congress; we deal with legislation cause we didn’t want to include, for going through it—and it is not long; it
and text. The words matter in this, and protections on religious liberty, pri- is three pages—asking questions: How
the words in this do not provide the vate individuals and their personal re- does it work? What happens with it?
level of religious liberty protections, as ligious expression or private busi- Several individuals have said: Hey,
many on this floor who have come to nesses; that maybe the owners of that this is a real problem for religious lib-
debate this say that is actually in this business have a personal religious be- erty. We should fix this.
bill. lief in how they carry out their busi- And others have said: Yeah, that is a
Let me give you just some simple ex- ness, but they would not have religious good idea. Let’s make sure that it is
amples of this. This bill gives a private protections because they are not prin- actually clear—except, now that the
right of action for both—well, I should cipally a religious organization. So debate has started, amendments have
say gives protections from the Attor- they do not get a defense. They don’t been shut out. There are no amend-
ney General to be able to file charges get a private right of action to defend ments. All of these gaps that I talk
against an individual that shows dis- themselves. They just have to cave to about for individuals, for small busi-
crimination or a private right of action the religious beliefs of this law. nesses, for individuals of conscience,
for an individual to be able to sue an- Twenty-nine years ago, this Congress for the right to be able to protect your-
other individual or entity in this, un- said we were not going to impose be- self if you are facing religious discrimi-
less the discrimination is for religious liefs onto people. Today, this Congress nation on this, for the limiting por-
liberty. They are peculiarly left out. said: If you are a faith-based individual tions in this act or from explaining
If there is discrimination against and you have a difference of conscience ‘‘not arising from a marriage,’’ what
someone’s religious liberty issues and about marriage, too bad. You have to that may mean, the issue of principal
their personal beliefs or their entity’s prove you are a principally religious purpose and not having to prove your
beliefs, they don’t get this same pri- organization to have an exception; an principal purpose, in a court of law, is
vate right of action. So the private individual doesn’t count. A private a religious issue—everyone seems to
right of action only goes against people business is specifically excluded. nod their head and say: Oh, yeah, those
dlhill on DSK120RN23PROD with SENATE
that have religious objections. Those In section 7 of this bill—I have had are problems.
religious individuals, if they are dis- several of the sponsors who have told Multiple Members have brought
criminated against, are on their own. me: Section 7 covers everything else. It amendments and said: Let’s fix it. Yet
They get no protections in this bill. makes sure it protects nonprofits. It they are being told over and over
The bill itself, I have heard individ- makes sure it protects all of your tax- again: No amendments. We are not
uals say: Well, it has a section in it exempt status, your grants—it is all in going to fix it.
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S6736 CONGRESSIONAL RECORD — SENATE November 16, 2022
You know what that tells me? These progress. So I thank my colleagues for Her students and peers are inspired by
are not mistakes in the drafting. This the excellent work on this bill and her dedication to her students and re-
was purposeful. That is what that tells hope it portends more good cannabis search. As a physician and husband of a
me. legislation to come. breast cancer surgeon, I admire her ex-
Listen, I believe the rights of every f emplary work on click chemistry and
individual should be honored, but this its application to cancer treatment re-
is not choosing to be able to protect CHANGE OF VOTE search. I am honored to recognize her
the rights of every individual. This is Mr. SCHUMER. Mr. President, on a today.
saying some people are more equal second matter, on rollcall No. 355, I f
than others. That is a problem. voted yea. It was my intention to vote
After the Obergefell decision was ADDITIONAL STATEMENTS
nay. Therefore, I ask unanimous con-
made, President Obama spoke to the sent that I be permitted to change my ---
Nation. He supported the Obergefell de- vote since it will not affect the out- REMEMBERING STACEY JONES
cision from the Supreme Court, but come.
then he said this: ∑ Mr. BOOZMAN. Mr. President, I rise
The PRESIDING OFFICER. Without
I know that Americans of goodwill con-
to honor the life of Stacey Allen Jones,
objection, it is so ordered.
tinue to hold a wide range of views on this who passed away October 8, 2022.
issue. Opposition in some cases has been f Stacey was a native of Fort Smith, a
based on sincere and deeply held beliefs. All MORNING BUSINESS leader, an educator, and a family man
of us who welcome today’s news should be whose advocacy for the performing arts
mindful of that fact; recognize different Mr. SCHUMER. Mr. President, I ask enriched the lives of people in western
viewpoints; revere our deep commitment to unanimous consent that the Senate be Arkansas.
religious freedom. in a period of morning business, with Long-time residents of Fort Smith
Great words that seem to be on the Senators permitted to speak for up to knew Stacey as a champion for the arts
cutting room floor today. It hasn’t 10 minutes. in the region. I knew Stacey as a fellow
taken long for President Obama’s The PRESIDING OFFICER. Without Northside Grizzly and a dear friend.
statement after the Obergefell decision objection, it is so ordered. Before his recent retirement, he
to say: Never mind. f served as the associate vice chancellor
This is fixable, but when people see of campus and community events at
the problem and the issue with it and TRIBUTE TO DR. CAROLYN the University of Arkansas Fort Smith
choose to ignore it, I have to ask why. BERTOZZI and led the Season of Entertainment
Twenty-nine years ago today, Presi- Mr. CASSIDY. Mr. President, today I on campus and at its predecessor
dent Clinton signed into law the Reli- honor and pay tribute to American Dr. Westark College for more than 39
gious Freedom Restoration Act, and 29 Carolyn Bertozzi. Dr. Bertozzi was years.
years later, Congress is saying: Never awarded the Nobel Prize in Chemistry Through these programs, he brought
mind. 2022 for her outstanding work and dedi- nationally touring musicians and
I find that a problem. cation to chemical biology research. Broadway shows to the area and sup-
I yield the floor. Dr. Carolyn Bertozzi is the Anne T. ported student productions to improve
The PRESIDING OFFICER. The ma- and Robert M. Bass Professor of Chem- the quality of life in the community,
jority leader. istry and Professor of Chemical and provide opportunities for young people,
MEDICAL MARIJUANA AND CANNABIDIOL Systems Biology and Radiology at and enhance the mission of the univer-
RESEARCH EXPANSION ACT Stanford University. She is also the sity. Along the way, he was also a men-
Mr. SCHUMER. Mr. President, before Baker Family Director at Sarafan tor and advocate for thousands of stu-
the Senate finishes this evening, there ChEM-H at Stanford and an investi- dents who participated in these pro-
is one more important piece of legisla- gator of the Howard Hughes Medical grams.
tion we are passing today, which I want Institute. She completed her under- Stacey was also well-known through-
to tout: the Medical Marijuana and graduate education in chemistry at out the State for his dedication to the
Cannabidiol Research Expansion Act. Harvard University before earning her Miss UAFS and Miss Arkansas Pro-
I have to give great credit to Senator Ph.D. in chemistry at UC Berkeley. grams. Because of his leadership,
FEINSTEIN, Senator GRASSLEY, and Sen- Following postdoctoral study at UCSF, Westark College’s local pageant be-
ator SCHATZ. They have championed she returned to Berkeley as a professor came a qualifying event for the Miss
this legislation and worked hard to see in the college of chemistry and led Arkansas pageant. Among the many
that it has gotten support of all the groundbreaking investigations pub- successful competitors who started at
Senators. It would eliminate the red- lished in major scientific journals. She the Miss Westark pageant was
tape that hinders cannabis research, is an elected member of the National Shawntel Smith, who went on to be
opening the door for new, innovative Academy of Sciences, the American crowned Miss America while rep-
treatments derived from cannabis. Academy of Arts and Sciences, and the resenting Oklahoma in 1996.
Now, if you are one of the millions of German Academy of Sciences Outside of the university, Stacey was
Americans who deal with conditions Leopardine. She has also received a critical part of many community
like Parkinson’s or epilepsy or post- countless awards, including most re- projects. As part of a coalition of local
traumatic stress, or any number of cently the Nobel Prize in Chemistry. leaders, he regularly lent his voice and
other conditions, cannabis might hold The Nobel Prize in Chemistry for 2022 experience to help others in their ef-
promising new options for managing is a distinguished honor awarded to forts to enhance the arts, history, and
these diseases, but we need to do re- Drs. Carolyn Bertozzi, Morten Meldal, culture of the region.
search first. And the Federal govern- and K. Barry Sharpless for the develop- I extend my sincere condolences to
ment, sadly, has been woefully behind ment of click chemistry and Stacey’s wife of 46 years, Sheila Jones;
the times on this front. biorthogonal chemistry. After Meldal his daughters Stacie Kohles and Aman-
This bill will help fix that and, equal- and Sharpless laid the foundation of da Echols; his loving family; and many
ly important, I hope that after passing click chemistry, Bertozzi used click friends. Western Arkansas is richer be-
this bill, the Senate can make progress chemistry to study cellular reactions. cause of his hard work, dedication, and
on other cannabis legislation too. I am Cellular machinery that modifies pro- genuine care for the university and the
still holding productive talks with teins with specific carbohydrates is community. He will be missed.∑
dlhill on DSK120RN23PROD with SENATE
Democratic and Republican colleagues now leveraged for targeted treatment f
in the House and the Senate on moving of cancer and other conditions. I ap-
additional bipartisan cannabis legisla- plaud her commitment to this life- TRIBUTE TO SHERIFF TIM
tion in the lameduck, and we are going saving invention. HELDER
to try very, very hard to get it done. It It is a privilege to commemorate Dr. ∑ Mr. BOOZMAN. Mr. President, I rise
is not easy, but we are making good Bertozzi’s Nobel Prize in Chemistry. today to recognize Washington County
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