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Speaker 1: Good morning and welcome to the Daily OS. It is Thursday,

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Speaker 1: the twenty first of July. On today's podcast, we're going

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Speaker 1: to be looking at another bill that has come through

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Speaker 1: in the US Lower House. This time it's about same

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Speaker 1: sex and interracial marriage, but it has to do with

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Speaker 1: rovers Wade. All of that to be discussed in the

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Speaker 1: Deep Dive. First, Zara, what is making headlines this morning?

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Speaker 2: Yesterday the new South Wales government released a draft bill

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Speaker 2: that would impose a jail sentence of up to seven

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Speaker 2: years for people convicted of coercive control in an intimate

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Speaker 2: partner relationship. So, if you're not familiar, coercive control is

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Speaker 2: a form of domestic violence that can be physical, it

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Speaker 2: can be sexual, psychological or financial, and it involves patterns

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Speaker 2: of behavior that deny victim survivors their autonomy and their independence.

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Speaker 2: Public consultation will last until the end of August, with

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Speaker 2: a final bill expected to be tabled in Parliament by November.

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Speaker 1: Meanwhile, Prime Minister Anthony Albinizi has said that working from

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Speaker 1: home will be a matter between employers and employees and

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Speaker 1: will require in his work getting the balance right. This

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Speaker 1: all comes after Paul Kelly, who is Australia's Chief Medical

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Speaker 1: officer urged employers to quote consider the feasibility of some

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Speaker 1: employees working from home amid rising cases of COVID nineteen

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Speaker 1: from the BA four and BA five onmicron sub variance.

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Speaker 2: It seems like we're talking about temperatures a lot, but

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Speaker 2: the UK yesterday recorded its hottest ever temperature as conditions

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Speaker 2: surged past forty degrees celsius for the first time in

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Speaker 2: the country's history. Firefighters in London declared a major incident

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Speaker 2: as they battled several significant fires across the capitol as

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Speaker 2: people were asked not to have any barbecues or bonfires

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Speaker 2: to limit the chance of a dangerous fire breaking out.

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Speaker 1: And today's good news. If you jump high, Eleanor Patterson

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Speaker 1: will jump higher. She's won gold in the women's high

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Speaker 1: jump World Championships this week, after beating her previous personal

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Speaker 1: best to take out the title. Patterson cleared the two

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Speaker 1: point two meter mark that is taller than me to

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Speaker 1: collect the gold medal, becoming the tenth Australian athlete to

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Speaker 1: win a world track and field title, while also equaling

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Speaker 1: the national and Oceania record in the process.

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Speaker 2: Okay, Sam, today we are diving into a same sex

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Speaker 2: marriage and interracial marriage protection bill that was just passed

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Speaker 2: in the US Lower House this week. Before we go

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Speaker 2: too much into the specifics of this proposed law, can

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Speaker 2: you give us an idea of what this bill is

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Speaker 2: actually promising.

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Speaker 1: Yeah. So, this bill has been called the Respect for

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Speaker 1: Marriage Act, and it was brought forward by the Democrats

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Speaker 1: in the US House of Representatives, so that's the lower

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Speaker 1: House of Congress this week. The bill hopes to enshrine

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Speaker 1: same sex marriage into federal law, which would offer greater

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Speaker 1: protections than what is currently offered in the state by

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Speaker 1: state system. The idea here is that by enshrining same

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Speaker 1: sex marriage into federal law, two key changes can be made. First,

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Speaker 1: it would be to change the federal definition of marriage.

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Speaker 1: So currently marriage is still defined as between a man

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Speaker 1: and a woman. It's important to note that this definition

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Speaker 1: was voided in twenty fifteen when the Supreme Court ruled

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Speaker 1: in favor of allowing same sex marriage, but it still

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Speaker 1: does remain on the books and would be removed if

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Speaker 1: this bill gets passed federally now. The second reason would

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Speaker 1: be instituting a uniform approach to both same sex and

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Speaker 1: interracial marriage. Recognition from a federal level. This would remove

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Speaker 1: the current state by state laws that have formed inconsistent

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Speaker 1: legal frameworks across the entire country. In the current system,

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Speaker 1: US states aren't required to recognize same sex marriages that

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Speaker 1: had been authorized by other states. You literally can drive

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Speaker 1: across a state boundary and your marriage is no longer valid.

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Speaker 1: The proposed legislation would end this rule, and it would

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Speaker 1: ban states from denying out of state marriages on the

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Speaker 1: basis of sexuality or race.

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Speaker 2: Okay, So there you said proposed legislation. And it's important

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Speaker 2: to mention that though it has passed the House of Reps,

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Speaker 2: it hasn't yet gone to the Senate. What are the

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Speaker 2: next steps that have to be taken now for it

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Speaker 2: to become.

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Speaker 1: Law comes the focus of the Senate, which is the

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Speaker 1: upper house of Congress. If it does pass through the Senate,

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Speaker 1: it then goes to the President, President Biden, who can

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Speaker 1: sign it into law.

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Speaker 2: Okay, and we know now what's actually enclosed in the bill,

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Speaker 2: But can we talk about why it was voted on

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Speaker 2: this week? Kind of the timeliness around this decision.

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Speaker 1: I think it's pretty fair to say the bill is

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Speaker 1: a direct response to the overturning of Roe v. Wade

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Speaker 1: by the US Supreme Court last month. Now, that was

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Speaker 1: the case which overturns the constitutional right to an abortion

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Speaker 1: in the US, and since then many states have now

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Speaker 1: made abortion illegal. Following the overturning of Roe v. Wade,

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Speaker 1: one of the judges, Justice Clarence Thomas, argued that the

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Speaker 1: court should also revisit three other previous decisions. Now in

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Speaker 1: those three was a specific reference to the ruling that

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Speaker 1: allows for same sex marriage. Jerry Nadler, the Democratic House

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Speaker 1: member who introduced this bill this week, said the families

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Speaker 1: were quote shaken to the court by Justice Thomas's comments

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Speaker 1: and said that his bill would, in his words, provide

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Speaker 1: much needed to be build and certainty across the US.

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Speaker 1: That's why he introduced the bill to the lower House

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Speaker 1: on Monday. It was passed on Tuesday with the backing

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Speaker 1: of all Democrats and forty seven Republicans, which is just

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Speaker 1: under a quarter of total Republicans in the House of Representatives.

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Speaker 2: We've spoken a lot about the composition of the US Congress,

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Speaker 2: and especially about how bills that pass the lower House

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Speaker 2: may struggle to get through the Senate. What do we

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Speaker 2: know to be the case for this bill.

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Speaker 1: It's still a bit of a guessing game to know

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Speaker 1: if this bill will receive enough Republican backing in the

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Speaker 1: Senate to send it into law via the President. To

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Speaker 1: give you a quick refresher on how the Senate works,

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Speaker 1: only a simple majority, so in this case, fifty one

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Speaker 1: of one hundred senators is needed for a bill to

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Speaker 1: be taken to the President. But it takes three fifths

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Speaker 1: of a majority or sixty out of one hundred, to

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Speaker 1: end debates on a piece of legislation and therefore allowing

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Speaker 1: the Senators to vote. Otherwise, what happens is any piece

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Speaker 1: of legislation and including this bill, can be doomed to

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Speaker 1: the filibuster. And we've talked about that on the pod before,

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Speaker 1: but just quickly, it's an American parliamentary tactic that can

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Speaker 1: prevent a vote on any bill, meaning that it won't

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Speaker 1: get any further than the Senate in its current forms. So,

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Speaker 1: assuming that all Democratic Senators vote in favor of the bill,

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Speaker 1: at least ten Republican senators will need to also back

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Speaker 1: the bill to avoid the filibuster.

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Speaker 2: And just before we wrap up, Sam, did this bill

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Speaker 2: or did any of the speeches made by congressman or

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Speaker 2: women actually allude to anything in Roe v. Wade or

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Speaker 2: to abortion rights, because you said that it was in

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Speaker 2: response to what had happened in the Supreme Court.

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Speaker 1: Not directly, And that really comes down to a couple

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Speaker 1: of reasons. Jerry Nadler, the Democrat who I spoke about earlier,

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Speaker 1: actually introduced the initial version of this bill back in

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Speaker 1: two thousand and nine when abortion rights were still very

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Speaker 1: much a guarantee by the Supreme Court. Now this could

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Speaker 1: have been changed for his most recent draft, but I

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Speaker 1: guess it really leads me to think about another reason,

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Speaker 1: which is that the inclusion of any abortion related legislation

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Speaker 1: would have made the path for the bill to be

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Speaker 1: passed through the Senate a lot harder because there's this

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Speaker 1: institutional Republican opposition to anything Roe v. Wade esque. As

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Speaker 1: we discussed earlier, some level of biparlisan support is needed

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Speaker 1: for any law to be passed through US Congress. A

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Speaker 1: hypothetical bill which codifies abortion rights in a similar way

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Speaker 1: to this one would likely involve extensive negotiations between Republicans

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Speaker 1: and Democrats fear to have any chance of success in Congress,

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Speaker 1: which means that it probably needs to be in its

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Speaker 1: own little basket of legislation rather than just being thrown

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Speaker 1: in with the same sex and interrational marriage reforms proposed

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Speaker 1: in this bill.

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Speaker 2: As we've said in this podcast, this piece of legislation

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Speaker 2: still needs to head to the Senate before it becomes law,

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Speaker 2: so we'll keep you updated on what happens there, and

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Speaker 2: of course anything else that happens in response to Rov.

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Speaker 2: Wade being overturned in the US. That is all we

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Speaker 2: have time for today. Thank you for joining us on

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Speaker 2: the Daily OS. If you like what you hear, we

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Speaker 2: would love you to rate us on Spotify or leaver

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Speaker 2: of your on Apple. Have a great day.