From News Nation:
“What rights does the Respect
for Marriage Act protect?”
On Tuesday evening, the U.S.
Senate passed the bipartisan Respect for Marriage Act, legislation that aims to
protect same-sex marriages in the U.S. on the federal level. Though the act
does not completely protect rights granted by the Supreme Court’s 2015
Obergefell v. Hodges decision, which legalized same-sex unions, it does protect
some, should that decision be overturned. Getting federal protection on the
books gained further prioritization after the Supreme Court voted to overturn
Roe v. Wade earlier this year. While abortion rights under Roe were considered
by many to be settled via precedent, the overturn decision (Dobbs V. Jackson’s
Women’s Health Organization) added fuel to codify Obergefell — in addition to
Justice Clarence Thomas calling Obergefell “demonstrably erroneous” in his
Dobbs opinion.
Though the Respect for
Marriage Act as passed does not codify Obergefell, it does:
Protect existing same-sex
marriages, even if Obergefell is overturned
Ensure that all states must
recognize same-sex marriages as long as they were performed in a state where
same-sex marriage was legal at the time. The marriage would have to be
recognized as valid even if new same-sex marriages are banned in that state
Repeals the Defense of Marriage
Act, also known as “DOMA.” This controversial 1996 legislation federally
defined marriage as only between a man and a woman
Protect interracial marriages as
valid in all states, even if Loving v. Virginia, which overturned bans on
interracial unions, were to go the same way as Roe
The Respect for Marriage Act
does not:
Force states to issue same-sex
marriage licenses if Obergefell is overturned
Force states to recognize
polyamorous marriages (more than two partners)
Force nonprofit/religious
organizations to provide services to or for same-sex ceremonies
The U.S. Senate passed the bill
Tuesday evening in a 61-36 vote. Twelve Republican senators voted along with
Democrats to wrack up the 60 votes needed for approval. The Respect for
Marriage Act now returns to the U.S. House of Representatives for a second
time. The legislation was previously approved by the House but the
additions/clarifications around religious organizations and polyamory mean the
House must now re-approve it. The House vote is expected to come next week. If
approved, the legislation would move to Pres. Joe Biden’s desk for a signature,
which is expected. “With today’s bipartisan Senate passage of the Respect for
Marriage Act, the United States is on the brink of reaffirming a fundamental
truth: love is love, and Americans should have the right to marry the person
they love,” Pres. Biden said in a statement Tuesday.
^ Hopefully, the Supreme Court
doesn’t overturn Obergefell or Loving, but it’s good to know that if they make
those stupid decisions then there are Federal Protections that would be
in-place even in States that decide to go back to the 20th Century
and discriminate against Interracial Marriage and Gay Marriage. ^
https://www.newsnationnow.com/us-news/what-rights-does-the-respect-for-marriage-act-protect/
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