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Respect for Marriage Act

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Respect for Marriage Act
Respect for Marriage Act
U.S. Government · Public domain · source
ShorttitleRespect for Marriage Act
LongtitleAn Act to repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.
Enacted bythe 117th United States Congress
Effective dateDecember 13, 2022
Public law urlhttps://www.congress.gov/bill/117th-congress/house-bill/8404
Cite public law117–228
Leghisturlhttps://www.congress.gov/bill/117th-congress/house-bill/8404/all-actions
IntroducedinHouse
IntroducedbyJerrold Nadler (D–NY)
IntroduceddateJuly 18, 2022
Passedbody1House
Passeddate1July 19, 2022
Passedvote1267–157
Passedbody2Senate
Passeddate2November 29, 2022
Passedvote261–36
SignedpresidentJoe Biden
SigneddateDecember 13, 2022

Respect for Marriage Act is a landmark federal statute in the United States that provides statutory authority for same-sex and interracial marriages. Enacted in response to concerns raised by the Supreme Court decision in Dobbs v. Jackson Women's Health Organization, the law aims to protect marriage equality. It formally repeals the Defense of Marriage Act and requires all U.S. states and territories to recognize valid marriages performed in other jurisdictions.

Background and legislative history

The push for this legislation gained urgent momentum following the Supreme Court's 2022 ruling in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade. In his concurring opinion, Justice Clarence Thomas suggested the Court should reconsider other precedents, including the landmark 2015 decision in Obergefell v. Hodges that legalized same-sex marriage nationwide. This prompted congressional Democrats, led by representatives like Jerrold Nadler and Nancy Pelosi, to draft a bill codifying federal protections. The legislative effort built upon decades of advocacy by groups like the Human Rights Campaign and followed pivotal rulings such as United States v. Windsor and the original passage of the Defense of Marriage Act in 1996 under President Bill Clinton.

Provisions

The act contains several key provisions. It officially repeals Section 2 and Section 3 of the Defense of Marriage Act, which had denied federal benefits to same-sex couples and allowed states to refuse recognition of such marriages. It requires the federal government to recognize any marriage between two individuals that was valid in the state where it was performed. Furthermore, it obligates all U.S. states, territories, and possessions to recognize the validity of a marriage from another state, based on the place of celebration. The law also explicitly protects interracial marriages by requiring recognition of marriages regardless of the "sex, race, ethnicity, or national origin" of the individuals.

Legislative process and passage

The bill was introduced in the House by Jerrold Nadler, Chair of the House Judiciary Committee, in July 2022. It passed the House with bipartisan support, including votes from 47 Republicans. In the Senate, a bipartisan group of negotiators including Senators Tammy Baldwin, Susan Collins, Rob Portman, and Kyrsten Sinema worked to add religious liberty amendments to secure broader support. After a key test vote involving Senators Joe Manchin and Lisa Murkowski, the amended bill passed the Senate with 61 votes. The revised version was sent back to and passed by the House before being presented to President Joe Biden.

The act provides a crucial federal backstop for marriage recognition, ensuring continued access to federal rights and benefits for same-sex couples even if the Supreme Court were to overturn Obergefell v. Hodges. It prevents states from denying full faith and credit to marriages lawfully performed elsewhere. However, it does not require all states to issue marriage licenses to same-sex couples, leaving that constitutional right reliant on the precedent of Obergefell v. Hodges. Legal experts note it strengthens protections for interracial marriages, which have been recognized nationally since the 1967 Loving v. Virginia ruling, by explicitly including them in federal statute.

Public and political reaction

President Joe Biden hailed the bill's passage as a historic step for equality, signing it into law in a ceremony attended by advocates and lawmakers like Nancy Pelosi and Chuck Schumer. Prominent organizations including the Human Rights Campaign and GLAAD celebrated the victory. While most congressional Democrats supported the act, it also received notable Republican support, signaling shifting political attitudes. Opposition came from some conservative groups like the Heritage Foundation and lawmakers such as Senator Mike Lee, who argued it provided insufficient protections for religious organizations.

The act directly responds to and repeals core sections of the 1996 Defense of Marriage Act. Its passage was precipitated by the Supreme Court's decisions in United States v. Windsor, which struck down DOMA's federal benefits ban, and Obergefell v. Hodges, which established a constitutional right to same-sex marriage. The legislative push was a direct reaction to the reasoning in Dobbs v. Jackson Women's Health Organization. Other related statutes include the proposed Equality Act, which seeks broader nondiscrimination protections. The act also reinforces principles from the landmark civil rights case Loving v. Virginia.

Category:United States federal legislation Category:Same-sex marriage in the United States Category:2022 in American law