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Morning Briefing

Summaries of health policy coverage from major news organizations

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Friday, Dec 9 2022

Full Issue

Biden Sent Historic Bill Aimed At Protecting Same-Sex Marriage

The Respect for Marriage Act federally recognizes same-sex and interracial marriages and requires all states to recognize ones performed in another state — even if any future Supreme Court decision allows states' bans to be reinstated. The legislation is a response to the court's reversal of Roe v. Wade in June.

The House passed historic legislation Thursday that would federally protect same-sex and interracial marriage rights in a major win for LGBTQ-rights advocates. ... Lawmakers drafted the bill following the Supreme Court’s decision to overturn Roe v. Wade in June. Associate Justice Clarence Thomas expressed interest in reconsidering same-sex and interracial marriage rights in a separate concurring opinion that no other justice joined. (Looker and Rossman, 12/8)

Democrats and LGBTQ advocates say the legislation is especially important in Texas, where laws banning same-sex marriage and sodomy remain on the books, where the state GOP has written opposition to same-sex relationships into its party platform, and where Republican lawmakers are expected to push against LGBTQ rights in a significant way in the upcoming legislative session. (Wermund, 12/8)

But even when it is signed, the legality of same-sex marriage will still rest on the the 2015 Supreme Court case Obergefell v. Hodges, which found that same-sex marriage is constitutionally protected. If the Court were to overturn Obergefell, the legality of same-sex marriages would revert to state law — and the majority of states would prohibit it. The Respect for Marriage Act wouldn't change that, but it requires all states to recognize same-sex marriages performed in other states and federally recognizes these marriages. (Radde, 12/8)

And Sen. Kyrsten Sinema is switching parties —

Sen. Kyrsten Sinema (Ariz.) said Friday that she is switching her party affiliation from Democrat to independent, creating a shake-up in the chamber after the midterm elections. ... With the move, Democrats will still control the Senate next year, but their hold could be less secure and give more sway to another moderate in the caucus, Sen. Joe Manchin III (D-W.Va.). (Wagner and Scott, 12/9)

In other news from Capitol Hill —

KHN: KHN’s ‘What The Health?’: Congress Races The Clock 

The lame-duck Congress is making slow progress on its long to-do-before-the-end-of-the-year list. Democrats agreed to lift the covid-19 vaccine mandate for the military as part of the big defense authorization bill, but efforts to ease federal restrictions on marijuana didn’t succeed. Meanwhile, the fight against high drug prices has spread to employers, which are trying a variety of strategies to spend less on prescription drugs while still giving workers access to needed medications. (12/8)

While much has been made about the COVID-19 public health emergency, there's another less-discussed emergency declaration that Republicans could target in the next Congress, bringing changes for employer-sponsored health plans, COBRA and flexible spending accounts. (Knight, 12/9)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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