Marco Rubio Says He Won’t Vote To Eliminate the Defense of Marriage Act, But His Explanation Makes No Sense

Florida Republican Sen. Marco Rubio is saying he won’t vote for a new bill that would repeal the Defense of Marriage Act (DOMA), the 1996 law that banned federal recognition of gay marriage. But his explanation suggests Rubio doesn’t truly understand either DOMA or the new bill.

The Respect for Marriage Act, which passed the House last night, would strike down DOMA and require states to recognize same-sex marriages that have been performed legally in other states.

Under current law, thanks to two Supreme Court decisions, same-sex marriages are legally recognized all across the country, and DOMA is not being enforced, nor are any state-level bans that are still on the books. But the overturning of Roe v. Wade has led to concerns that other Supreme Court precedents may be at stake. The Respect for Marriage Act is intended to preemptively respond to a potential future Supreme Court ruling overturning the judicial precedents that legalized same-sex marriage nationally. If the Respect for Marriage Act were to pass, DOMA would no longer exist and the federal government would still recognize same-sex marriages performed in states that allow it.

The Respect for Marriage Act passed the House with support of all Democrats and 47 Republicans (including six Republicans from Florida). Now all eyes are on the Senate to see if 10 Republicans will support the bill and thereby make it immune to a filibuster.

Over at Business Insider, Rubio says he’s a “no” vote because marriage is a state issue, which would be a defensible position if it weren’t for the fact that DOMA—the law he wants to uphold on states rights grounds—makes marriage a federal