HRC: Sen. Rubio Should Drop RFRA, Commit to Upholding Supreme Court’s Ruling

by Stephen Peters

WASHINGTON – Today, the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual, and transgender (LGBT) civil rights organization, issued the following statement on Sen. Marco Rubio’s opposition to marriage equality after the Supreme Court’s ruling in Obergefell v Hodges.

In a historic 5-4 ruling, today the Supreme Court of the United States found bans on marriage equality to be unconstitutional—and that the fundamental right to marriage is a fundamental right for all.

“Sen. Rubio has said that he does not believe same-sex couples have a constitutional right to marriage, and the court has clearly disagreed with him,” said JoDee Winterhof, HRC Vice President of Policy and Political Affairs.  “Sen. Rubio should use this opportunity to join the overwhelming majority of Americans who support marriage equality, and make it clear that he will not appoint justices who would overturn this historic ruling.”

Residents in Rubio’s home state of Florida support same-sex marriage, by a 52-40 margin, according to the nonpartisan Public Religion Research Institute. A new poll released this morning by the Human Rights Campaign, conducted by Greenberg, Quinlan Rosner found that 55 percent of likely voters would be less likely to support a candidate who opposed marriage equality.

The Human Rights Campaign has released detailed background documents highlighting the anti-LGBT records of current and potential 2016 candidates. More on their records can be found at

On April 28, the U.S. Supreme Court heard oral arguments in Obergefell v Hodges, a case originating in Ohio. In January, the Supreme Court announced that it would hear Obergefell along with three other cases from Michigan, Kentucky, and Tennessee. The arguments were consolidated under the name Obergefell, and the questions posed by the court dealt with the constitutionality of marriage bans more broadly.

Before today, marriage equality has come to 37 states as well as the District of Columbia—representing more than 70 percent of the U.S. population.

In addition to continuing the fight to wiping away the last vestiges of marriage discrimination in all 50 states, in the coming months HRC will lead the fight for a sweeping federal non-discrimination bill—legislation that seeks to protect LGBT people and their families from discrimination in employment, housing, public accommodations, credit, federal funding, education and jury service.


Rubio Said “You Have To Really Have A Ridiculous And Absurd Reading Of The U.S. Constitution To Reach The Conclusion That People Have A Right To Marry Someone Of Their Own Sex.”Asked by CBN’s David Brody if there was a constitutional right to same-sex marriage, Rubio said, “It doesn’t exist. There is no federal constitutional right to same sex marriage. There isn’t such a right. You have to really have a ridiculous and absurd reading of the U.S. constitution to reach the conclusion that people have a right to marry someone of the same sex. There is no such constitutional right. Can a state decide to change their laws? Yes, but only through the political process, not through the court system, and that’s what’s happening now. The advocates of same sex marriage refuse to go to the legislatures, because they can’t win that debate. They don’t want to have any debate in society. They want courts to impose it on people.” [CBN, The Brody File, 4/26/2015; VIDEO]

Rubio Said If The Supreme Court Ruled In Favor Of Marriage Equality Opponents Would Be “In The Same Boats As Opponents Of Roe v. Wade.” According to CNN, “Rubio said if ultimately the Supreme Court issued a ruling protecting gay marriage as constitutional, opponents of gay marriage would be ‘in the same boat as opponents of Roe v. Wade,’ the SCOTUS decision that established a woman's constitutional right to an abortion.” [CNN, 1/7/2015]

The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. HRC envisions a world where LGBT people are embraced as full members of society at home, at work and in every community.


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