Respect for Marriage Act
Great Seal of the United States
Long titleTo repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.
Acronyms (colloquial)RFMA
Enacted bythe 117th United States Congress
EffectiveDecember 13, 2022
Number of co-sponsors189
Citations
Public lawPub. L.Tooltip Public Law (United States) 117–228 (text) (PDF)
Statutes at Large136 Stat. 2305
Codification
Acts repealedDefense of Marriage Act
U.S.C. sections amended1 U.S.C. § 7
28 U.S.C. § 1738C
Legislative history

The Respect for Marriage Act (RFMA; H.R. 8404) is a landmark[1][2][3] United States federal law passed by the 117th United States Congress and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal government and all U.S. states and territories (though not tribes) to recognize the validity of same-sex and interracial civil marriages in the United States, and protects religious liberty. Its first version in 2009 was supported by former Republican U.S. Representative Bob Barr, the original sponsor of DOMA, and former President Bill Clinton, who signed DOMA in 1996.[4] Iterations of the proposal were put forth in the 111th, 112th, 113th, 114th, and 117th Congresses.[5]

On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment requires all U.S. states to recognize same-sex marriages.[6] This decision rendered the last remaining provision of DOMA unenforceable and essentially made same-sex marriage de facto federal law. The future of same-sex marriage in the United States was put back into question in 2022, when a concurring opinion by Justice Clarence Thomas in Dobbs v. Jackson Women's Health Organization argued the Court "should reconsider" the Obergefell decision.[7][8][9] RFMA officially repealed DOMA and requires the federal government to recognize same-sex and interracial marriages, codifying parts of Obergefell, the 2013 ruling in United States v. Windsor, and the 1967 ruling in Loving v. Virginia.[10] In addition, it compels all U.S. states and territories to recognize the validity of same-sex and interracial marriages if performed in a jurisdiction where such marriages are legally performed; this extends the recognition of same-sex marriages to American Samoa, the remaining U.S. territory to refuse to perform or recognize same-sex marriages.

In July 2022, RFMA was reintroduced to Congress, with revisions including protections for interracial marriages.[11] The Act passed the House in a bipartisan vote on July 19, 2022.[12] Senator Tammy Baldwin of Wisconsin announced on November 14, 2022, that a bipartisan deal had been struck, and that they expected the legislation to reach 60 votes to break the filibuster.[13] A motion of cloture passed 62–37 in the Senate on November 16.[14] On November 29, the Senate passed it by a 61–36 vote, with a large majority of Senate nays originating from Republican Senators in the Southern United States.[15] On December 8, the House agreed to the Senate amendment by a 258–169 vote, with one member voting present (abstention). 39 Republicans voted yea.[16] President Biden signed the bill into law on December 13, 2022.[17] Public opinion polls of same-sex marriage in the United States indicate a strong majority of Americans are in favor; interracial marriage is supported almost universally.[18][19]

The final version of the bill divided American religious groups morally opposed to same-sex marriage;[20] it was supported by some as a suitable compromise between the rights of LGBT couples and religious liberty,[21] a position that was taken by the Church of Jesus Christ of Latter-day Saints,[22] but was prominently opposed by the U.S. Conference of Catholic Bishops and the Southern Baptist Convention due to their views on sexual ethics.[20] Religious groups that supported the bill in support of their LGBT parishioners include the Episcopal Church, the Evangelical Lutheran Church in America, the Union for Reform Judaism, the United Church of Christ, and the Presbyterian Church (USA).[23][24]

Background

Prior to the Supreme Court's 1967 ruling in Loving, anti-miscegenation laws were still in force in 16 states, all prohibiting interracial marriage. Until 1996, the federal government of the United States customarily recognized marriages conducted legally in any state for the purpose of federal legislation.[25] Following an unsuccessful lawsuit aimed at legalizing same-sex marriage in Hawaii, the United States Congress passed the Defense of Marriage Act, one section of which forbids the federal government from recognizing same-sex marriages.[25][26] The Supreme Court ruled this section unconstitutional in the 2013 case United States v. Windsor.

In June 2022, the Court ruled in Dobbs v. Jackson Women's Health Organization that the Constitution does not confer the right to an abortion, overturning the 50-year-old precedent of Roe v. Wade. Writing for the majority, Samuel Alito stated that fears that the same arguments that overturned Roe might also touch upon "matters such as intimate sexual relations, contraception, and marriage" were "unfounded".[27] However, in a concurring opinion, Clarence Thomas argued that the Court should go further in future cases, reconsidering other past Supreme Court decisions that granted rights based on substantive due process,[28] such as Griswold v. Connecticut (the right to contraception), Obergefell v. Hodges (the right to same-sex marriage), and Lawrence v. Texas (the right to engage in private sexual acts).[29][30]

In response, in July 2022 the House passed bills aimed to protect rights that Thomas had mentioned, with the Respect for Marriage Act specifically ensuring that the right to same-sex and interracial marriages would remain part of federal statute law even if the Court ruled at some future date that they were not constitutionally guaranteed.[31]

Repealing the 1996 Defense of Marriage Act

The Respect for Marriage Act repealed the 1996 Defense of Marriage Act (DOMA).[32]

DOMA barred the federal government from treating same-sex couples who were married under state law as married couples. Thus, DOMA prevented federal recognition of such marriages for purposes of Social Security benefits, tax benefits, and more.[32]

Furthermore, DOMA stated that the Full Faith and Credit Clause of the Constitution did not require states to respect the marriages of same-sex couples performed by other states.[32] The Supreme Court's decision in United States v. Windsor (2013) struck down this section of DOMA, but after Dobbs’ overturning of Roe, there was concern that Windsor could be overturned by the Supreme Court in the future.[32] RFMA replaced this portion of DOMA with a statement that the Full Faith and Credit Clause requires interstate recognition of same-sex marriages.[32]

Text

H.R.8404, the Respect for Marriage Act, as signed into law by President Joe Biden on December 13, 2022, reads:[33]

SECTION 1. SHORT TITLE.

This Act may be cited as the "Respect for Marriage Act".

SEC. 2. FINDINGS.

Congress finds the following:

(1) No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.

(2) Diverse beliefs about the role of gender in marriage are held by reasonable and sincere people based on decent and honorable religious or philosophical premises. Therefore, Congress affirms that such people and their diverse beliefs are due proper respect.

(3) Millions of people, including interracial and same-sex couples, have entered into marriages and have enjoyed the rights and privileges associated with marriage. Couples joining in marriage deserve to have the dignity, stability, and ongoing protection that marriage affords to families and children.

SEC. 3. REPEAL OF SECTION ADDED TO TITLE 28, UNITED STATES CODE, BY SECTION 2 OF THE DEFENSE OF MARRIAGE ACT.

Section 1738C of title 28, United States Code, is repealed.

SEC. 4. FULL FAITH AND CREDIT GIVEN TO MARRIAGE EQUALITY.

Chapter 115 of title 28, United States Code, as amended by this Act, is further amended by inserting after section 1738B the following:

§ 1738C. Certain acts, records, and proceedings and the effect thereof

(a) In General.—No person acting under color of State law may deny—

(1) full faith and credit to any public act, record, or judicial proceeding of any other State pertaining to a marriage between 2 individuals, on the basis of the sex, race, ethnicity, or national origin of those individuals; or

(2) a right or claim arising from such a marriage on the basis that such marriage would not be recognized under the law of that State on the basis of the sex, race, ethnicity, or national origin of those individuals.

(b) Enforcement By Attorney General.—The Attorney General may bring a civil action in the appropriate United States district court against any person who violates subsection (a) for declaratory and injunctive relief.

(c) Private Right Of Action.—Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for declaratory and injunctive relief.

(d) State Defined.—In this section, the term "State" has the meaning given such term under section 7 of title 1.

SEC. 5. MARRIAGE RECOGNITION.

Section 7 of title 1, United States Code, is amended to read as follows:

§ 7. Marriage

(a) For the purposes of any Federal law, rule, or regulation in which marital status is a factor, an individual shall be considered married if that individual's marriage is between 2 individuals and is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is between 2 individuals and is valid in the place where entered into and the marriage could have been entered into in a State.

(b) In this section, the term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.

(c) For purposes of subsection (a), in determining whether a marriage is valid in a State or the place where entered into, if outside of any State, only the law of the jurisdiction applicable at the time the marriage was entered into may be considered.

SEC. 6. NO IMPACT ON RELIGIOUS LIBERTY AND CONSCIENCE.

(a) In General.—Nothing in this Act, or any amendment made by this Act, shall be construed to diminish or abrogate a religious liberty or conscience protection otherwise available to an individual or organization under the Constitution of the United States or Federal law.

(b) Goods Or Services.—Consistent with the First Amendment to the Constitution, nonprofit religious organizations, including churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, religious educational institutions, and nonprofit entities whose principal purpose is the study, practice, or advancement of religion, and any employee of such an organization, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage. Any refusal under this subsection to provide such services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action.

SEC. 7. STATUTORY PROHIBITION.

(a) No Impact On Status And Benefits Not Arising From A Marriage.—Nothing in this Act, or any amendment made by this Act, shall be construed to deny or alter any benefit, status, or right of an otherwise eligible entity or person which does not arise from a marriage, including tax-exempt status, tax treatment, educational funding, or a grant, contract, agreement, guarantee, loan, scholarship, license, certification, accreditation, claim, or defense.

(b) No Federal Recognition Of Polygamous Marriages.—Nothing in this Act, or any amendment made by this Act, shall be construed to require or authorize Federal recognition of marriages between more than 2 individuals.

SEC. 8. SEVERABILITY.

If any provision of this Act, or any amendment made by this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or any amendment made thereby, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

Impact

In addition to requiring all states to recognize interracial or same-sex marriages performed in another domestic or foreign jurisdiction, it also requires all territories and possessions of the United States to recognize marriages performed elsewhere. Prior to enactment of the Act, American Samoa was the only U.S. territory which neither performed nor recognized same-sex marriages, even if performed legally in another jurisdiction of the United States or elsewhere. It does not apply to federally-recognized Native American nations, which are free to determine their own policy on performance and recognition.

Choice of law problem

In addition to repealing DOMA, the legislation would establish a method for the federal government to determine whether a marriage is valid for federal purposes, a legal dilemma known as choice of laws. Anticipating that federal courts and administrators would need to determine the validity for federal purposes of a marriage that is recognized in one state and not another, or in a foreign country and not by every U.S. state, it creates two tests. If celebrated in a state of the U.S. (with "state" interpreted to include territories and the District of Columbia), a marriage is valid for federal purposes if valid in that state. If celebrated elsewhere, a marriage is valid for federal purposes if it is valid in at least one U.S. state.[34]

Legal scholars disputed whether the language of the Respect for Marriage Act was an appropriate solution to the problem. Lynn Wardle wrote that it "is substantively biased to circumvent state policies that do not allow or recognize same-sex marriage" and "a violation of federalism".[35] William Baude endorsed the language of the Respect for Marriage Act. He argued that the options are to give priority to the place a marriage is celebrated or to the domicile of the married couple, that one's domicile is more easily manipulated, and that basing the choice of law on the place of celebration "promotes predictability and stability".[34]

Law scholar Ilya Somin writes that the provision requiring states to recognize same-sex marriages contracted in other states is more likely to have constitutionality issues in the court system than the provisions that apply to the definition of marriage used in federal law; he also notes that the Act contains a severability provision in case one part of the Act is found unconstitutional.[10]

Legislative progress

111th Congress (2009–2011)

Rep. Jerry Nadler introducing the Respect for Marriage Act in 2009

The 2009 bill was introduced by U.S. Representative Jerrold Nadler of New York on September 15, 2009, and garnered 120 cosponsors.[36]

112th Congress (2011–2013)

The 2011 bill was introduced by U.S. Representative Jerrold Nadler of New York on March 16, 2011, and a U.S. Senate version was introduced by Dianne Feinstein of California on the same day. President Barack Obama announced his support for the bill on July 19, 2011.[37]

House

In September 2011, Ileana Ros-Lehtinen of Florida became the 125th cosponsor of the bill in the U.S. House of Representatives and the first Republican member of the U.S. Congress to announce support for the bill.[38] In December 2012, Richard Hanna and Charles Bass became the next Republicans to cosponsor the bill.[39][40]

Senate

Sen. Kirsten Gillibrand introducing the Respect for Marriage Act in 2011

On July 20, 2011, Sen. Patrick Leahy of Vermont chaired the first-ever congressional hearing on a proposal to repeal the Defense of Marriage Act (DOMA).[41][42] On October 25, 2011, Leahy announced that the Senate Judiciary Committee would begin debate on November 3, 2011, with a committee vote likely to happen the following week.[43] On November 3, 2011, the bill was debated in the Senate Judiciary Committee, where its passage was a foregone conclusion due to sufficient votes to pass being found in the 10 Democratic members of the committee, who are cosponsors of the bill; however, Republicans on the Committee requested the vote be delayed one week.[44] During the debate Sen. Feinstein noted that DOMA denies same-sex couples more than 1,100 federal rights and benefits that are provided to all other members of that class, legally married couples, including rights to Social Security spousal benefits, protection from estate taxes when a spouse passes away, and the ability to file taxes jointly and claim certain deductions.[45] The Senate Judiciary Committee voted 10–8 in favor of advancing the bill to the Senate floor.[46]

113th Congress (2013–2015)

The bill's sponsors decided not to reintroduce the Respect for Marriage Act in 2013 until the United States Supreme Court issued a decision in United States v. Windsor.[47] They reintroduced it on June 26, the same day the Court ruled in that case that Section 3 of the Defense of Marriage Act was unconstitutional.[48]

114th Congress (2015–2017)

The aforementioned lawmakers Representative Jerrold Nadler of New York and Senator Dianne Feinstein of California reintroduced the legislation on the first day of the 114th Congress. Nadler remarked, "We must finish the job begun by the Supreme Court". In terms of co-sponsors, the proposal soon accrued 77 co-sponsors in the House and 41 in the Senate. The news received a warm welcome from LGBT rights groups such as the American Military Partner Association, which stated that Congressional action had to take place in order to assist same-sex military couples seeking veterans benefits.[5]

Section 2 of DOMA, the last substantive provision of that act remaining viable after United States v. Windsor, was rendered obsolete in Obergefell v. Hodges in June 2015.

117th Congress (2021–2023)

The Supreme Court ruling in Dobbs v. Jackson Women's Health Organization in June 2022 overturned Roe v. Wade and Planned Parenthood v. Casey. In his concurrence, Justice Clarence Thomas postulated that the court should revisit other past cases which granted rights based on substantive due process, including the right of same-sex marriages from Obergefell, leading to concerns from lawmakers.[49][50]

First House vote

In July 2022, the House Judiciary Committee Chairman Jerrold Nadler (D-NY), Senator Dianne Feinstein (D-CA), Congressional LGBTQ+ Equality Caucus Chairman David Cicilline (D-RI), Senator Tammy Baldwin (D-WI) and Senator Susan Collins (R-ME) announced the re-introduction of the Respect for Marriage Act, which was revised to include protections for interracial marriages to codify Loving v. Virginia.[51] The Act passed the House (267–157) on July 19, 2022, with 47 Republicans joining all Democrats in voting in the affirmative.[52]

Senate passage

November 29 Senate vote by state
  Two yeas
  Yea and not voting
  Yea and Nay
  Two Nays
  Nay and not voting

The Senate initially planned to vote on the bill before the 2022 midterm elections. However, because it was unclear whether it would receive enough votes to end debate, the consideration of the bill was delayed by Majority Leader Chuck Schumer.[53] On November 14, 2022, a group of bipartisan senators, including Rob Portman (R-OH), Kyrsten Sinema (D-AZ), Thom Tillis (R-NC), Tammy Baldwin (D-WI), and Susan Collins (R-ME) announced they had reached an amendment compromise to include language for religious protections and clarify that the bill did not legalize polygamous marriage.[54] The amendment specifies that nonprofit religious organizations will not be required to provide services for the solemnization or celebration of a marriage.[55] Shortly after, Senate Majority Leader Chuck Schumer announced that he would bring the modified bill to the Senate floor.[56]

On November 16, 2022, the Senate invoked cloture on the motion to proceed (62–37) to the amended bill.[57] All 50 Democratic senators and 12 Republicans (Roy Blunt, Richard Burr, Shelley Moore Capito, Susan Collins, Joni Ernst, Cynthia Lummis, Lisa Murkowski, Rob Portman, Mitt Romney, Dan Sullivan, Thom Tillis, and Todd Young) voted in favor of advancing the bill.[55]

On November 29, 2022, the Senate voted 61–36 to pass the bill.[15] Voting in favor of the bill were 49 Democrats and the same 12 Republicans who had voted to advance it. Two Republicans (Ben Sasse and Patrick Toomey) and one Democrat (Raphael Warnock, who co-sponsored the bill) did not vote.[58]

Second House vote

On December 8, 2022, the House passed (258–169–1) the Senate's version of the Act, with 39 Republicans joining all Democrats in voting in the affirmative.[59]

Signing into law

President Biden signing the bill into law at the White House on December 13, 2022

On December 13, 2022, President Biden signed the Respect for Marriage Act into law in a ceremony that was held on the White House lawn.[2] Pelosi, Schumer, Harris, and Biden all spoke at the event, which also featured performances by the Gay Men's Chorus of Washington, D.C, as well as musicians Sam Smith and Cyndi Lauper.[2] Gina Nortonsmith and Heidi Nortonsmith, the lesbian couple who was one of seven same-sex couples who sued the state of Massachusetts for same-sex marriage rights in the 2003 Goodridge v. Department of Public Health case, were among those who spoke at the event as well.[2]

Legislative history

As of December 13, 2022:

Congress Short title Bill number(s) Date introduced Sponsor(s) # of cosponsors Latest status
111th Congress Respect for Marriage Act of 2009 H.R. 3567 September 15, 2009 Rep. Jerrold Nadler (D–NY) 120 Referred to the House Judiciary Committee

Referred to the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

112th Congress Respect for Marriage Act of 2011 S. 598 March 16, 2011 Sen. Dianne Feinstein (D–CA) 32 Approved by Senate Judiciary Committee; sent to Senate floor.[46]
H.R. 1116 March 16, 2011 Rep. Jerrold Nadler (D–NY) 160 Referred to the House Judiciary Committee
113th Congress Respect for Marriage Act S. 1236 June 26, 2013 Sen. Dianne Feinstein (D–CA) 45 Referred to the Senate Judiciary Committee
H.R. 2523 June 26, 2013 Rep. Jerrold Nadler (D–NY) 183 Referred to the House Judiciary Committee
114th Congress Respect for Marriage Act S. 29 January 6, 2015 Sen. Dianne Feinstein (D–CA) 44 Referred to the Senate Judiciary Committee
H.R. 197 January 6, 2015 Rep. Jerrold Nadler (D–NY) 152 Referred to the House Judiciary Committee
117th Congress Respect for Marriage Act H.R. 8404 July 18, 2022 Rep. Jerrold Nadler (D–NY) 189 Passed the House of Representatives (267–157)[60]
Passed the Senate with amendment (61–36)[15]
House agreed to the Senate amendment (258–169–1)
Signed into law by President Joe Biden
S. 4556 July 19, 2022 Sen. Dianne Feinstein (D–CA) 43 Referred to the Senate Judiciary Committee

Public opinion

Degree of public support for same-sex marriage by state in 2022:[61]
   80–83%
   70–79%
   60–69%
   50–59%
   49% (plurality support)

Same-sex marriage

A September 2022 Grinnell College National Poll found that 74% of Americans believe same-sex marriage should be a guaranteed right while 13% disagreed and 13% were uncertain.[62][63]

Gallup found that nationwide public support for marriage equality for same-sex couples reached 50% in May 2011,[64] 60% in May 2015,[65] and 70% in May 2021.[19]

The Pew Research Center found 40% in 2010, 50% in 2013, and 61% in 2019.[66] By 2016, 83% of Americans aged 18–29 supported same-sex marriage.[67] In 2018, 60% of Americans said they would not mind if their child married someone of the same gender.[68]

Annual polling conducted by Gallup each May in 2017, 2018, 2019 and 2020 has found support for same-sex marriage stable, with two-thirds of Americans indicating that same-sex marriage should be recognized as valid under law (a range of 63% to 67% was recorded).[69][70] In 2020, 67% of respondents stated that same-sex marriage should be legally recognized as valid under the law.[71]

As of 2021, there is majority support for same-sex marriage in 47 states, ranging from 50% in South Carolina to 85% in Massachusetts. There is plurality support in Alabama, with 49% supporting and 47% opposing. Only Mississippi and Arkansas have majority opposition to same-sex marriage; in Mississippi, 55% oppose and 44% support, while in Arkansas, 52% oppose and 47% support same-sex marriage.[61]

Interracial marriage

Gallup found that nationwide public support for interracial marriage rose from around 4% in 1958, more than 50% in 1994,[72] to 94% in 2021.[18]

Interracial marriage features prominently in the Respect for Marriage Act. Interracial marriage was first legalized through the landmark supreme court case Loving v Virginia in 1967, in which the Warren court established that the laws prohibiting interracial marriage were in violation of the Equal Protection and Due Process clauses of the Fourteenth Amendment of the Constitution.[73] According to Gallup polls of United States public opinion, approval for interracial marriage has increased from 4% in 1958 to 94% in 2021 and the highest approval rating of 98% is from Americans between the ages of 18 and 29.[74]

The issue of interracial marriage was not raised in the original Defense of Marriage Act (DOMA) that would lead to the passage of the Respect for Marriage Act. The new language of the Respect of Marriage Act requires states to approve and acknowledge out-of-state marriage licenses issued to interracial couples.

Despite overwhelming public support for interracial marriage, the June 2022 overturn of Roe v. Wade and Planned Parenthood v. Casey raised additional concerns that interracial marriage was being threatened by the Supreme Court. Loving v. Virginia, Obergefell v. Hodges, and the recently overturned Roe v. Wade were decided under the due process clause of the Fourteenth Amendment and this is what many believe to be the cause to include interracial marriage as protected under the Respect for Marriage Act.[75]

Politicians' opinions

The Respect for Marriage Act passed with a vote of 258 Yeas–169 Nays (1 present and 4 not voting)[76] on December 8, 2022, and was signed into law by President Biden on December 13, 2022.[77] A total of 39 Republicans joined all 219 Democrats in voting to pass the bill;[78] U.S Representative Adam Kinzinger intended to vote yes but was absent from the final vote.[79] Thus, the bill is considered to have been a bipartisan vote – the most pro-LGBTQ vote in Congressional history.[80]

The main vocalized objection to Republican opposition to the bill is its possible implications of limits to religious freedom. Florida Republican Mario Díaz-Balart was quoted on his opinion of the bill: "My record shows that I am a long-standing advocate against discrimination of all types. I, however, cannot support any effort that undermines religious liberties by failing to provide legitimate safeguards for Faith-Based organizations that object based on their deeply-held religious beliefs." Representative Díaz-Balart voted in opposition of the bill. Florida Republican, Representative María Elvira Salazar joined Díaz-Balart in opposition. She stated: "I voted for the first version of the bill because I believe in human dignity and respect for all individuals. However, we cannot pass laws that advance one interest and bypass long-held legal protections for others."[81]

In order for the bill to have been successful as a bipartisan vote, the final bill included an amendment to ease some Republicans' concerns about impacts to religious liberty.[81] Wisconsin Republican Mike Gallagher voted against the bill during the first House vote but supported the bill following the Senate's amendments, citing the religious liberty amendment and clarification that the bill would not authorize federal recognition of polygamy.[82]

President Biden signed the Respect for Marriage Act into law on December 13, 2022, and he and Vice President Harris gave their opinion of the Act in a speech prior to signing the bill. The speeches from Vice President Harris and President Biden highlighted other parts of the history of same-sex marriage, such as the movement against Proposition 8. The President also referenced Mildred and Richard Loving, and told the story of their Supreme Court case, as well as the case of Edie Windsor. The President also mentioned specific members of the Senate, namely Senator Tammy Baldwin, Susan Collins, Chuck Schumer, Senator Portman, Senator Sinema, Senator Tillis, Senator Feinstein, and Senator Booker, and Speaker of the House Nancy Pelosi, as well as Jerry Nadler.[78]

Religious organizations

The final version of the bill divided American religious groups opposed to same-sex marriage.[20] It was supported by some, such as the Church of Jesus Christ of Latter-day Saints,[21] as a suitable compromise between the rights of LGBT couples and religious liberty, while it was prominently opposed by the United States Conference of Catholic Bishops and the Southern Baptist Convention due to their views on sexuality.[20]

On November 15, 2022, the Church of Jesus Christ of Latter-day Saints released a statement regarding the RFMA, calling a bill that included "religious freedom protections while ... preserving the rights of ... LGBTQ [people] ... the way forward",[83] while stating that church doctrine would remain unchanged in not recognizing same-sex marriages. The Church has supported some legislation in the past that supported LGBT rights, as long as they also included protections for religious freedom.[84][85]

On December 1, 2022, the United States Conference of Catholic Bishops stated that "This bill fails to include clear, comprehensive, and affirmative conscience protections for religious organizations and individuals who uphold the sanctity of traditional marriage that are needed."[86]

Baptist Joint Committee leaders in support of the bill criticized opponents for stoking unreasonable fear that civil rights for others would mean less religious rights for themselves. They noted the bill deals with civil marriage and has no impact on the institution of religious rites of marriage.[23]

Other denominations supported the measure. It was supported by over 40 other faith organizations, most of which allow for same-sex weddings in their facilities and affirm LGBT parishioners, in a joint letter to the Senate,[87][88] including the Episcopal Church, the Evangelical Lutheran Church in America, Hindus for Human Rights, the Interfaith Alliance, Jewish Women International, Muslims for Progressive Values, the National Council of Jewish Women, the Presbyterian Church (USA), the Reconstructionist Rabbinical Association, the Religious Action Center of Reform Judaism, the Sikh Coalition, the Union for Reform Judaism, the Unitarian Universalist Association, and the United Church of Christ.[24]

Activist opinions

LGBTQ rights activists praised the Respect for Marriage Act for codifying into law some of the protections of Obergefell but argue that the Act still falls short of everything that Obergefell protected.[89] Activists and scholars highlight some important limitations of the bill, such as the Act not requiring nonprofit religious organizations "to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage."[90] At the same time, activists acknowledge that the bipartisan support of the bill is noteworthy,[91] and that it shows a significant change in public opinion that is reflected in the actions of government representatives.[89]

See also

References

  1. ↑ Gambino, Lauren; Smith, David (December 13, 2022). "Biden signs landmark law protecting same-sex and interracial marriages". The Guardian. Archived from the original on October 19, 2023. Retrieved December 15, 2022.
  2. 1 2 3 4 Otten, Tori (December 13, 2022). "Biden Signs Landmark Bill Protecting Same-Sex Marriage". The New Republic. Archived from the original on October 19, 2023. Retrieved December 13, 2022.
  3. ↑ Rice, Nicholas (December 15, 2022). "Sam Smith Changes "Stay with Me" Lyric During "Historic" Respect for Marriage Act Signing Performance". Yahoo! News. Archived from the original on October 19, 2023.
  4. ↑ "The Respect for Marriage Act Garners Support of President Clinton and Former Rep. Bob Barr, DOMA's Original Author" (Press release). United States House of Representatives. September 15, 2009. Archived from the original on July 12, 2011. Retrieved September 16, 2009.
  5. 1 2 Johnso, Chris (January 6, 2015). "Respect for Marriage Act reintroduced". The Washington Blade. Archived from the original on January 10, 2015. Retrieved January 6, 2015.
  6. ↑ Obergefell v. Hodges, 576 U.S. ___, ___ (2015) ("The Court now holds that same-sex couples may exercise the fundamental right to marry.").
  7. ↑ Sneed, Tierney (June 24, 2022). "Supreme Court's decision on abortion could open the door to overturn same-sex marriage, contraception and other major rulings". CNN. Archived from the original on June 24, 2022. Retrieved July 18, 2022.
  8. ↑ Gerstein, Josh (June 24, 2022). "Justice Thomas: SCOTUS "should reconsider" contraception, same-sex marriage rulings". Politico. Archived from the original on July 18, 2022. Retrieved July 18, 2022.
  9. ↑ Carlisle, Madeline. "Clarence Thomas Signals Same-Sex Marriage and Contraception Rights at Risk After Overturning Roe v. Wade". Time. Archived from the original on July 17, 2022. Retrieved July 18, 2022.
  10. 1 2 Somin, Ilya (July 20, 2022). "Federalism and the Respect for Marriage Act". Reason. Archived from the original on July 23, 2022. Retrieved July 20, 2022.
  11. ↑ Solender, Andrew (July 18, 2022). "Congress moves to protect marriage equality after Roe decision". Axios. Archived from the original on July 18, 2022. Retrieved July 18, 2022.
  12. ↑ Lai, Stephanie (July 19, 2022). "House Passes Same-Sex Marriage Bill Amid Concern About Court Reversal". The New York Times. ISSN 0362-4331. Archived from the original on July 19, 2022. Retrieved July 19, 2022.
  13. ↑ Tyko, Kelly; Solender, Andrew (November 14, 2022). "Senate tees up vote on marriage equality bill". Axios. Retrieved November 15, 2022.
  14. ↑ Quarshie, Mabinty; Elbeshbishi, Sarah (November 16, 2022). "Senate defeats filibuster on gay marriage bill, paving path for protecting same sex unions". USA TODAY. Retrieved November 16, 2022.
  15. 1 2 3 Zaslav, Ali; Barrett, Ted (November 29, 2022). "Senate passes bill to protect same-sex and interracial marriage in landmark vote". CNN Politics. Retrieved November 30, 2022.
  16. ↑ "Roll Call Vote". clerk.house.gov. Retrieved December 8, 2022.
  17. ↑ Shear, Michael D. (December 13, 2022). "Biden Signs Bill to Protect Same-Sex Marriage Rights". The New York Times. ISSN 0362-4331. Retrieved December 13, 2022.
  18. 1 2 McCarthy, Justin (September 10, 2021). "U.S. Approval of Interracial Marriage at New High of 94%". Gallup.
  19. 1 2 McCarthy, Justin (June 8, 2021). "Record-High 70% in U.S. Support Same-Sex Marriage". Gallup. Retrieved July 19, 2022.
  20. 1 2 3 4 Crary, David (November 16, 2022). "Faith groups split over bill to protect same-sex marriage". Associated Press. Retrieved November 17, 2022. Among U.S. faith leaders and denominations, there are sharp differences over the bill advancing in the Senate that would protect same-sex and interracial marriages in federal law ... On Tuesday, one of the most prominent conservative-leaning denominations – The Church of Jesus Christ of Latter-day Saints – came out in favor of the legislation. But the U.S. Conference of Catholic Bishops and leaders of the Southern Baptist Convention remain opposed ...
  21. 1 2 Esbeck, Carl (November 17, 2022). "Everything You Need to Know About the Respect for Marriage Act". Christianity Today. Retrieved November 18, 2022. Rather than just say no to RMA, a small collective of faith groups moved quickly in the Senate to see if the act could be brought into balance. A few senators from both parties who were keen on doing just that helped. After adding in a measure of religious liberty protections, the Senate substitute of the House bill passed the higher chamber earlier this week, 62–37. Churches, Christian colleges, K-12 religious schools, and faith-based social service providers can take comfort in these boundary lines. All in all, RMA is a modest but good day's work. It shows that religious liberty champions and LGBT advocates can work together for the common good. It says to the original House bill, 'If a bill is about us, it has to be with us.' And it shows that Congress can still legislate, not just be a gaggle of egos who go to Washington to perform but never fix.
  22. ↑ Dias, Elizabeth (November 16, 2022). "Mormon Church Backs Bill Supporting Same-Sex Marriage". The New York Times. ISSN 0362-4331. Retrieved November 17, 2022.
  23. 1 2 Brumley, Jeff (December 6, 2022). "BJC leaders say religious liberty fears about Respect for Marriage Act are overdrawn". Baptist News. Retrieved December 14, 2022.
  24. 1 2 "Multifaith Statement of Support" (PDF).
  25. 1 2 Shishkin, Philip (July 9, 2009). "Massachusetts Sues U.S. Over Definition of Marriage". Wall Street Journal. Archived from the original on March 11, 2015. Retrieved September 28, 2009.
  26. ↑ "A Short History of the Defense of Marriage Act" (PDF). Gay & Lesbian Advocates & Defenders. March 3, 2009. Archived (PDF) from the original on March 26, 2009. Retrieved September 28, 2009.
  27. ↑ "October Term 2021" (PDF). supremecourt.gov. Supreme Court of the United States. June 24, 2022. Retrieved February 1, 2023.
  28. ↑ Managan, Dan (June 24, 2022). "Supreme Court Justice Clarence Thomas says gay rights, contraception rulings should be reconsidered after Roe is overturned". Archived from the original on June 25, 2022. Retrieved June 25, 2022.
  29. ↑ Blake, Aaron (June 24, 2022). "Clarence Thomas undercuts justices' assurances about post-Roe rulings". The Washington Post. Archived from the original on June 25, 2022. Retrieved June 25, 2022.
  30. ↑ Edelmann, Adam (June 24, 2022). "Thomas wants the Supreme Court to overturn landmark rulings that legalized contraception, same-sex marriage". NBC News. Archived from the original on June 25, 2022. Retrieved January 31, 2023.
  31. ↑ "House votes to protect same-sex marriage in case the Supreme Court rescinds it". NBC News. July 20, 2022.
  32. 1 2 3 4 5 Esseks, James (July 21, 2022). "Here's What You Need to Know About the Respect for Marriage Act | ACLU". American Civil Liberties Union. Retrieved March 21, 2023.
  33. ↑ "Text – H.R.8404 – 117th Congress (2021–2022): Respect for Marriage Act". Congress.gov. July 18, 2022. Retrieved July 19, 2022.
  34. 1 2 Baude, William (June 2012). "Beyond DOMA: Choice of State Law in Federal Statutes" (PDF). Stanford Law Review. Stanford, California: Stanford University. 64: 1371–1430. Archived from the original (PDF) on July 19, 2022. Retrieved July 4, 2012.
  35. ↑ Wardle, Lynn D. "Section Three of the Defense of Marriage Act: Deciding, Democracy, and the Constitution" (PDF). Drake Law Review: 951–1003. Retrieved December 2, 2022.
  36. ↑ Eleveld, Kerry (September 15, 2009). "Respect for Marriage Act Debuts". The Advocate. Archived from the original on November 8, 2011. Retrieved September 16, 2009.
  37. ↑ Richey, Warren (July 19, 2011). "Obama, in stand for gay rights, calls for repeal of DOMA". Christian Science Monitor. Archived from the original on July 19, 2011. Retrieved July 20, 2011.
  38. ↑ Harmon, Andrew (September 23, 2011). "DOMA Repeal Gets Its First Republican Cosponsor". The Advocate. Archived from the original on September 24, 2011. Retrieved September 24, 2011.
  39. ↑ "Second Republican break ranks on gay marriage following Gingrich comments". GayStarNews. December 27, 2012. Archived from the original on December 28, 2012. Retrieved December 27, 2012.
  40. ↑ "Third Republican member of US House of Reps publicly supports gay marriage". GayStarNews. December 27, 2012. Archived from the original on December 29, 2012. Retrieved December 27, 2012.
  41. ↑ "Leahy Chairs Historic Hearing On Bill To Repeal DOMA". Patrick Leahy – United States Senator for Vermont 2011. July 20, 2011. Archived from the original on August 14, 2011. Retrieved October 27, 2011.
  42. ↑ Felicia Sonmez (July 19, 2011). "Leahy hails Obama support for Defense of Marriage Act repeal". Washington Post. Archived from the original on March 10, 2016. Retrieved October 27, 2011.
  43. ↑ Pete Williams (October 25, 2011). "Senate Democrats Move Forward With DOMA Repeal Vote". MSNBC. Archived from the original on October 28, 2011. Retrieved October 27, 2011.
  44. ↑ Serena Marshall (November 3, 2011). "DOMA Vote Delayed in Senate Judiciary Until Next Week". ABCNews.com: The Note. Archived from the original on November 7, 2011. Retrieved November 5, 2011.
  45. ↑ Mallie Jane Kim (November 3, 2011). "Senate Committee Likely to Pass DOMA Repeal". U.S. News & World Report. Archived from the original on November 4, 2011. Retrieved November 5, 2011.
  46. 1 2 "Senate panel OKs repeal of Defense of Marriage Act". USA Today. Associated Press. November 10, 2011. Archived from the original on March 5, 2016. Retrieved September 10, 2017.
  47. ↑ Johnson, Chris (May 1, 2013). "No DOMA repeal bill until court decision". Washington Blade. Archived from the original on August 18, 2013. Retrieved August 17, 2013.
  48. ↑ Ring, Trudy (June 26, 2013). "Finishing the Job: DOMA Repeal Bill Reintroduced". The Advocate. Archived from the original on July 1, 2013. Retrieved August 17, 2013.
  49. ↑ Foran, Clare; Wilson, Kristin (July 19, 2022). "House passes bill to protect same-sex marriage in effort to counter Supreme Court". CNN. Retrieved July 19, 2022.
  50. ↑ Managan, Dan (June 24, 2022). "Supreme Court Justice Clarence Thomas says gay rights, contraception rulings should be reconsidered after Roe is overturned". CNN. Archived from the original on June 25, 2022. Retrieved June 25, 2022.
  51. ↑ "Bipartisan Group Leads Introduction of Respect for Marriage Act". David N. Cicilline. U.S. House of Representatives. July 18, 2022. Archived from the original on July 18, 2022. Retrieved July 18, 2022.
  52. ↑ "House passes same-sex marriage bill, with 47 Republicans and every Democrat voting in favor". CBS News. Archived from the original on July 19, 2022. Retrieved July 19, 2022.
  53. ↑ Everett, Burgess (September 15, 2022). "Senate delays same-sex marriage vote until after midterms". POLITICO. Retrieved February 10, 2023.
  54. ↑ Rogerson, Riley (November 17, 2022). "Murkowski and Sullivan among 12 Republican senators voting to advance same-sex marriage protections". Anchorage Daily News. Retrieved November 20, 2022.
  55. 1 2 Quinn, Melissa (November 16, 2022). "Senate advances Respect for Marriage Act in bipartisan 62–37 vote". CBS News. Retrieved November 20, 2022.
  56. ↑ "Schumer sets up Senate vote on same-sex marriage bill". Washington Post. ISSN 0190-8286. Retrieved February 10, 2023.
  57. ↑ "U.S. Senate: U.S. Senate Roll Call Votes 117th Congress – 2nd Session". www.senate.gov. Retrieved November 16, 2022.
  58. ↑ Mourtoupalas, Nick; Blanco, Adrian (November 29, 2022). "Here's which senators voted for or against the Respect for Marriage Act". Washington Post. Retrieved November 29, 2022.
  59. ↑ Wilson, Daniella Diaz,Clare Foran,Kristin (December 8, 2022). "House passes bill to protect same-sex marriage in landmark vote sending it to Biden | CNN Politics". CNN. Retrieved December 9, 2022.{{cite web}}: CS1 maint: multiple names: authors list (link)
  60. ↑ Breuninger, Kevin (July 19, 2022). "House passes same-sex marriage protections in response to Roe ruling, with murky Senate path ahead". CNBC. Archived from the original on July 19, 2022. Retrieved July 19, 2022.
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  63. ↑ Staff (September 28, 2022). "Majority of Americans Believe Abortion and Same-Sex Marriage Should be Guaranteed Rights". Grinnell College. Retrieved September 28, 2022. Solid majorities across both parties agree that ... marrying someone of the same sex ...are rights that should be guaranteed to all citizens ...
  64. ↑ Newport, Frank (May 20, 2011). "For First Time, Majority of Americans Favor Legal Gay Marriage". Gallup. Retrieved July 20, 2022.
  65. ↑ McCarthy, Justin (May 19, 2015). "Record-High 60% of Americans Support Same-Sex Marriage". Gallup. Retrieved July 20, 2022.
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  68. ↑ Bump, Philip (February 21, 2019). "Republicans would least like their kids to marry a transgender person. For Democrats? A Republican". The Washington Post. Retrieved February 22, 2019.
  69. ↑ "Two in Three Americans Support Same-Sex Marriage". Gallup. May 23, 2018.
  70. ↑ McCarthy, Justin (May 22, 2019). "U.S. Support for Gay Marriage Stable, at 63%". Gallup. Retrieved July 15, 2019.
  71. ↑ "U.S. Support for Same-Sex Marriage Matches Record High". Gallup. June 1, 2020.
  72. ↑ "Most Americans Approve of Interracial Marriages". Gallup. August 16, 2007. Retrieved January 16, 2013.
  73. ↑ Laurent, Inga N.; McMurtry-Chubb, Teri (2016), "Loving v. Virginia, 388 U.S. 1 (1967)", Feminist Judgments, Cambridge University Press, pp. 114–136, doi:10.1017/cbo9781316411254.008, ISBN 9781107126626, retrieved March 23, 2023
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  75. ↑ "House approves same-sex marriage bill in response to Roe v. Wade decision". PBS NewsHour. July 19, 2022. Retrieved March 23, 2023.
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  83. ↑ "Statement on the United States Congress Respect for Marriage Act" (Press release). Salt Lake City: The Church of Jesus Christ of Latter-day Saints. November 15, 2022. Retrieved November 15, 2022.
  84. ↑ Stack, Peggy Fletcher; Kemsley, Tamarra (November 15, 2022). "LDS Church comes out for federal bill that recognizes same-sex marriage". The Salt Lake Tribune. Retrieved November 15, 2022.
  85. ↑ Metz, Sam (November 15, 2022). "Mormon church comes out in support of same-sex marriage law". AP News. Retrieved November 15, 2022.
  86. ↑ "Bishop Chairman Addresses Senate Vote on the Respect for Marriage Act". United States Conference of Catholic Bishops. December 1, 2022. Retrieved December 5, 2022.
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  88. ↑ Millard, Egan (September 20, 2022). "Episcopalians encouraged to support federal law protecting same-sex marriage". Episcopal News Service. Retrieved November 17, 2022.
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