Respect for Marriage Act

TheRespect for Marriage Act(RFMA;H.R. 8404) is a landmark[1][2][3]United States federal lawpassed by the117th United States Congressin 2022 and signed into law by PresidentJoe Biden.It repeals theDefense of Marriage Act(DOMA), requires the U.S. federal government and all U.S. states andterritories(though nottribes) to recognize the validity ofsame-sexandinterracialcivil marriages in the United States, and protectsreligious liberty.Its first version in 2009 was supported by formerRepublicanU.S. RepresentativeBob Barr,the original sponsor of DOMA, and former PresidentBill Clinton,who signed DOMA in 1996.[4]Iterations of the proposal were put forth in the111th,112th,113th,114th,and117thCongresses.[5]

Respect for Marriage Act
Great Seal of the United States
Long titleTo repeal theDefense of Marriage Actand ensure respect for State regulation of marriage, and for other purposes.
Acronyms(colloquial)RFMA
Enacted bythe117th United States Congress
EffectiveDecember 13, 2022
Number of co-sponsors189
Citations
Public lawPub. L.117–228 (text)(PDF)
Statutes at Large136Stat.2305
Codification
Acts repealedDefense of Marriage Act
Titles amended1 U.S.C. General Provisions
28 U.S.C. Judiciary and Judicial Procedure
U.S.C. sections amended1 U.S.C.§ 7
28 U.S.C.§ 1738C
Legislative history

On June 26, 2015, the U.S. Supreme Court ruled inObergefell v. Hodgesthat theFourteenth Amendmentrequires allU.S. statesto recognize same-sex marriages.[6]This decision rendered the last remaining provision of DOMA unenforceable and essentially made same-sex marriagede factofederal law. The future of same-sex marriage in the United States was put back into question in 2022, when a concurring opinion by JusticeClarence ThomasinDobbs v. Jackson Women's Health Organizationargued the Court "should reconsider" theObergefelldecision.[7][8][9]RFMA officially repealed DOMA and requires the federal government to recognize same-sex and interracial marriages, codifying parts ofObergefell,the 2013 ruling inUnited States v. Windsor,and the 1967 ruling inLoving 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 toAmerican Samoa,the remaining U.S. territory torefuse 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]SenatorTammy BaldwinofWisconsinannounced on November 14, 2022, that a bipartisan deal had been struck, and that they expected the legislation to reach 60 votes to break thefilibuster.[13]A motion ofcloturepassed 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 Senatenaysoriginating from Republican Senators in theSouthern United States.[15]On December 8, the House agreed to the Senate amendment by a 258–169 vote, with one member votingpresent(abstention). 39 Republicans votedyea.[16]President Biden signed the bill into law on December 13, 2022.[17]Public opinion polls of same-sex marriage in the United Statesindicate a strong majority of Americans are in favor;interracial marriageis 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 therights of LGBTQ couplesand religious liberty,[21]a position that was taken by theChurch of Jesus Christ of Latter-day Saints,[22]but was prominently opposed by theU.S. Conference of Catholic Bishopsand theSouthern Baptist Conventiondue to their views onsexual ethics.[20]Religious groups that supported the bill include theEpiscopal Church,theEvangelical Lutheran Church in America,theUnion for Reform Judaism,theUnited Church of Christ,theUnitarian-Universalist Association,and thePresbyterian Church (USA).[23][24]

Background

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Prior to the Supreme Court's 1967 ruling inLoving,anti-miscegenation laws were still in force in 16 states, all prohibiting interracial marriage. Until 1996, thefederal government of the United Statescustomarily recognized marriages conducted legally in any state for the purpose of federal legislation.[25]Following an unsuccessful lawsuit aimed at legalizingsame-sex marriagein Hawaii, theUnited States Congresspassed theDefense 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 caseUnited States v. Windsor.

In June 2022, the Court ruled inDobbs v. Jackson Women's Health Organizationthat the Constitution does not confer the right to anabortion,overturning the 50-year-old precedent ofRoe v. Wade.Writing for the majority,Samuel Alitostated that fears that the same arguments that overturnedRoemight also touch upon "matters such as intimate sexual relations, contraception, and marriage" were "unfounded".[27]However, in a concurring opinion,Clarence Thomasargued that the Court should go further in future cases, reconsidering other past Supreme Court decisions that granted rights based onsubstantive due process,[28]such asGriswold v. Connecticut(the right to contraception),Obergefell v. Hodges(the right to same-sex marriage), andLawrence 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

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The Respect for Marriage Act repealed the 1996 Defense of Marriage Act (DOMA).[32][33][34][35]

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 inUnited States v. Windsor(2013) struck down this section of DOMA, but afterDobbs’ overturning ofRoe,there was concern thatWindsorcould 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

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H.R.8404, theRespect for Marriage Act,as signed into law by President Joe Biden on December 13, 2022, is available in full atWikisource.[36]

Impact

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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 Samoawas the only U.S. territory whichneither performed nor recognized same-sex marriages,even if performed legally in another jurisdiction of the United States or elsewhere. It does not apply tofederally-recognized Native American nations,which are free to determine their own policy on performance and recognition.

Choice of law problem

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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 aschoice of laws.Anticipating that federal courts and administrators would need to determine the validityfor federal purposesof 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.[37]

Legal scholars disputed whether the language of the Respect for Marriage Act was an appropriate solution to the problem.Lynn Wardlewrote that it "is substantively biased to circumvent state policies that do not allow or recognize same-sex marriage" and "a violation offederalism".[38]William Baudeendorsed 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".[37]

Law scholarIlya Sominwrites 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

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111th Congress (2009–2011)

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

The 2009 bill was introduced by U.S. RepresentativeJerrold Nadlerof New York on September 15, 2009, and garnered 120 cosponsors.[39]

112th Congress (2011–2013)

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The 2011 bill was introduced by U.S. RepresentativeJerrold Nadlerof New York on March 16, 2011, and a U.S. Senate version was introduced byDianne Feinsteinof California on the same day. PresidentBarack Obamaannounced his support for the bill on July 19, 2011.[40]

House

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In September 2011,Ileana Ros-Lehtinenof 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.[41]In December 2012,Richard HannaandCharles Bassbecame the next Republicans to cosponsor the bill.[42][43]

Senate

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Sen.Kirsten Gillibrandintroducing the Respect for Marriage Act in 2011

On July 20, 2011, Sen.Patrick Leahyof Vermont chaired the first-ever congressional hearing on a proposal to repeal theDefense of Marriage Act(DOMA).[44][45]On October 25, 2011, Leahy announced that theSenate Judiciary Committeewould begin debate on November 3, 2011, with a committee vote likely to happen the following week.[46]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.[47]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.[48]The Senate Judiciary Committee voted 10–8 in favor of advancing the bill to the Senate floor.[49]

113th Congress (2013–2015)

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The bill's sponsors decided not to reintroduce the Respect for Marriage Act in 2013 until theUnited States Supreme Courtissued a decision inUnited States v. Windsor.[50]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.[51]

114th Congress (2015–2017)

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The aforementioned lawmakers Representative Jerrold Nadler of New York and Senator Dianne Feinstein of California reintroduced the legislation on the first day of the114th 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 fromLGBT rightsgroups such as theAmerican 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 afterUnited States v. Windsor,was rendered obsolete inObergefell v. Hodgesin June 2015.

117th Congress (2021–2023)

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The Supreme Court ruling inDobbs v. Jackson Women's Health Organizationin June 2022 overturnedRoe v. WadeandPlanned Parenthood v. Casey.In his concurrence, JusticeClarence Thomaspostulated that the court should revisit other past cases which granted rights based onsubstantive due process,including the right of same-sex marriages fromObergefell,leading to concerns from lawmakers.[52][53]

First House vote

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In July 2022, the House Judiciary Committee ChairmanJerrold Nadler(D-NY), SenatorDianne Feinstein(D-CA), Congressional LGBTQ+ Equality Caucus ChairmanDavid Cicilline(D-RI), SenatorTammy Baldwin(D-WI) and SenatorSusan Collins(R-ME) announced the re-introduction of the Respect for Marriage Act, which was revised to include protections forinterracial marriagesto codifyLoving v. Virginia.[54]The Act passed the House (267–157) on July 19, 2022, with 47 Republicans joining all Democrats in voting in the affirmative.[55]

Senate passage

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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 the2022 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 LeaderChuck Schumer.[56]On November 14, 2022, a group of bipartisan senators, includingRob Portman(R-OH),Kyrsten Sinema(D-AZ),Thom Tillis(R-NC),Tammy Baldwin(D-WI), andSusan Collins(R-ME) announced they had reached an amendment compromise to include language for religious protections and clarify that the bill did not legalizepolygamous marriage.[57]The amendment specifies that nonprofit religious organizations will not be required to provide services for the solemnization or celebration of a marriage.[58]Shortly after, Senate Majority LeaderChuck Schumerannounced that he would bring the modified bill to the Senate floor.[59]

On November 16, 2022, the Senate invokedclotureon the motion to proceed (62–37) to the amended bill.[60]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,andTodd Young) voted in favor of advancing the bill.[58]

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 SasseandPatrick Toomey) and one Democrat (Raphael Warnock,who co-sponsored the bill) did not vote.[61]

Second House vote

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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.[62]

Signing into law

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

On December 13, 2022, 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 musiciansSam SmithandCyndi 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 2003Goodridge v. Department of Public Healthcase, were among those who spoke at the event as well.[2]

Legislative history

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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 theHouse Judiciary Committee

Referred to theHouse 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 bySenate Judiciary Committee;sent to Senate floor.[49]
H.R. 1116 March 16, 2011 Rep.Jerrold Nadler(D–NY) 160 Referred to theHouse Judiciary Committee
113th Congress Respect for Marriage Act S. 1236 June 26, 2013 Sen.Dianne Feinstein(D–CA) 45 Referred to theSenate Judiciary Committee
H.R. 2523 June 26, 2013 Rep.Jerrold Nadler(D–NY) 183 Referred to theHouse Judiciary Committee
114th Congress Respect for Marriage Act S. 29 January 6, 2015 Sen.Dianne Feinstein(D–CA) 44 Referred to theSenate Judiciary Committee
H.R. 197 January 6, 2015 Rep.Jerrold Nadler(D–NY) 152 Referred to theHouse 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)[63]
Passed the Senate with amendment (61–36)[15]
House agreed to the Senate amendment (258–169–1)
Signed into law by PresidentJoe Biden
S. 4556 July 19, 2022 Sen.Dianne Feinstein(D–CA) 43 Referred to theSenate Judiciary Committee

Public opinion

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Degree of public support for same-sex marriage by state in 2023:[64]
80–81%
70–79%
60–69%
50–59%
49% (plurality support)

Same-sex marriage

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A September 2022Grinnell College National Pollfound that 74% of Americans believe same-sex marriage should be a guaranteed right while 13% disagreed and 13% were uncertain.[65][66]

Gallupfound that nationwide public support for marriage equality for same-sex couples reached 50% in May 2011,[67]60% in May 2015,[68]and 70% in May 2021.[19]

ThePew Research Centerfound 40% in 2010, 50% in 2013, and 61% in 2019.[69]By 2016, 83% of Americans aged 18–29 supported same-sex marriage.[70]In 2018, 60% of Americans said they would not mind if their child married someone of the same gender.[71]

Annual polling conducted byGallupeach 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).[72][73]In 2020, 67% of respondents stated that same-sex marriage should be legally recognized as valid under the law.[74]

As of 2021, there is majority support for same-sex marriage in 47 states, ranging from 50% inSouth Carolinato 85% inMassachusetts.There is plurality support inAlabama,with 49% supporting and 47% opposing. OnlyMississippiandArkansashave majority opposition to same-sex marriage; in Mississippi, 55% oppose and 44% support, while in Arkansas, 52% oppose and 47% support same-sex marriage.[64]

Interracial marriage

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Gallup found that nationwide public support for interracial marriage rose from around 4% in 1958, more than 50% in 1994,[75]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 caseLoving v Virginiain 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.[76]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.[77]

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 ofRoe v. WadeandPlanned Parenthood v. Caseyraised additional concerns that interracial marriage was being threatened by the Supreme Court.Loving v. Virginia,Obergefell v. Hodges,and the recently overturnedRoe v. Wadewere 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.[78]Cause for concern was also that some politicians, like SenatorMike Braun,had seemingly started to call into question theLoving v. Virginiadecision.[79]

Politicians' opinions

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The Respect for Marriage Act passed with a vote of 258 Yeas–169 Nays (1 present and 4 not voting)[80]on December 8, 2022, and was signed into law by President Biden on December 13, 2022.[81]A total of 39 Republicans joined all 219 Democrats in voting to pass the bill;[82]U.S RepresentativeAdam Kinzingerintended to vote yes but was absent from the final vote.[83]Thus, the bill is considered to have been a bipartisan vote – the most pro-LGBTQ vote in Congressional history.[32]

The main vocalized objection to Republican opposition to the bill is its possible implications of limits to religious freedom. Florida RepublicanMario Díaz-Balartwas 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, RepresentativeMaría Elvira Salazarjoined 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."[84]

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.[84]Wisconsin RepublicanMike Gallaghervoted 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.[85]

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 againstProposition 8.The President also referencedMildred and Richard Loving,and told the story oftheir Supreme Court case,as well as the case ofEdie 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.[82]

Religious organizations

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The final version of the bill divided American religious groups opposed to same-sex marriage.[20]It was supported by some, such as theChurch of Jesus Christ of Latter-day Saints,[21]as a suitable compromise between therights of LGBT couplesandreligious liberty,while it was prominently opposed by theUnited States Conference of Catholic Bishopsand theSouthern Baptist Conventiondue to theirviews 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",[86]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.[87][88]

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."[89]

Baptist Joint Committeeleaders 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 withcivil marriageand 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 forsame-sex weddingsin their facilities and affirm LGBT parishioners, in a joint letter to the Senate,[90][91]including theEpiscopal Church,theEvangelical Lutheran Church in America,Hindus for Human Rights,theInterfaith Alliance,Jewish Women International,Muslims for Progressive Values,theNational Council of Jewish Women,thePresbyterian Church (USA),theReconstructionist Rabbinical Association,theReligious Action Center of Reform Judaism,theSikh Coalition,theUnion for Reform Judaism,theUnitarian Universalist Association,and theUnited Church of Christ.[24]

Activist opinions

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LGBTQ rights activists praised the Respect for Marriage Act for codifying into law some of the protections ofObergefellbut argue that the Act still falls short of everything thatObergefellprotected.[92]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."[93]At the same time, activists acknowledge that the bipartisan support of the bill is noteworthy,[32]and that it shows a significant change in public opinion that is reflected in the actions of government representatives.[92]

See also

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References

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  1. ^Gambino, Lauren; Smith, David (December 13, 2022)."Biden signs landmark law protecting same-sex and interracial marriages".The Guardian.Archived fromthe originalon October 19, 2023.RetrievedDecember 15,2022.
  2. ^abcdOtten, Tori (December 13, 2022)."Biden Signs Landmark Bill Protecting Same-Sex Marriage".The New Republic. Archived fromthe originalon October 19, 2023.RetrievedDecember 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 fromthe originalon 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 fromthe originalon July 12, 2011.RetrievedSeptember 16,2009.
  5. ^abJohnso, Chris (January 6, 2015)."Respect for Marriage Act reintroduced".The Washington Blade.Archivedfrom the original on January 10, 2015.RetrievedJanuary 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.Archivedfrom the original on June 24, 2022.RetrievedJuly 18,2022.
  8. ^Gerstein, Josh (June 24, 2022)."Justice Thomas: SCOTUS" should reconsider "contraception, same-sex marriage rulings".Politico.Archivedfrom the original on July 18, 2022.RetrievedJuly 18,2022.
  9. ^Carlisle, Madeline."Clarence Thomas Signals Same-Sex Marriage and Contraception Rights at Risk After Overturning Roe v. Wade".Time.Archivedfrom the original on July 17, 2022.RetrievedJuly 18,2022.
  10. ^abSomin, Ilya (July 20, 2022)."Federalism and the Respect for Marriage Act".Reason.Archivedfrom the original on July 23, 2022.RetrievedJuly 20,2022.
  11. ^Solender, Andrew (July 18, 2022)."Congress moves to protect marriage equality after Roe decision".Axios.Archivedfrom the original on July 18, 2022.RetrievedJuly 18,2022.
  12. ^Lai, Stephanie (July 19, 2022)."House Passes Same-Sex Marriage Bill Amid Concern About Court Reversal".The New York Times.ISSN0362-4331.Archivedfrom the original on July 19, 2022.RetrievedJuly 19,2022.
  13. ^Tyko, Kelly; Solender, Andrew (November 14, 2022)."Senate tees up vote on marriage equality bill".Axios.RetrievedNovember 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.RetrievedNovember 16,2022.
  15. ^abcZaslav, Ali; Barrett, Ted (November 29, 2022)."Senate passes bill to protect same-sex and interracial marriage in landmark vote".CNN Politics.RetrievedNovember 30,2022.
  16. ^"Roll Call Vote".clerk.house.gov.RetrievedDecember 8,2022.
  17. ^Shear, Michael D. (December 13, 2022)."Biden Signs Bill to Protect Same-Sex Marriage Rights".The New York Times.ISSN0362-4331.RetrievedDecember 13,2022.
  18. ^abMcCarthy, Justin (September 10, 2021)."U.S. Approval of Interracial Marriage at New High of 94%".Gallup.
  19. ^abMcCarthy, Justin (June 8, 2021)."Record-High 70% in U.S. Support Same-Sex Marriage".Gallup.RetrievedJuly 19,2022.
  20. ^abcdCrary, David (November 16, 2022)."Faith groups split over bill to protect same-sex marriage".Associated Press.RetrievedNovember 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. ^abEsbeck, Carl (November 17, 2022)."Everything You Need to Know About the Respect for Marriage Act".Christianity Today.RetrievedNovember 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 LGBTQ 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.ISSN0362-4331.RetrievedNovember 17,2022.
  23. ^abBrumley, Jeff (December 6, 2022)."BJC leaders say religious liberty fears about Respect for Marriage Act are overdrawn".Baptist News.RetrievedDecember 14,2022.
  24. ^ab"Multifaith Statement of Support"(PDF).
  25. ^abShishkin, Philip (July 9, 2009)."Massachusetts Sues U.S. Over Definition of Marriage".Wall Street Journal.Archivedfrom the original on March 11, 2015.RetrievedSeptember 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.RetrievedSeptember 28,2009.
  27. ^"October Term 2021"(PDF).supremecourt.gov.Supreme Court of the United States. June 24, 2022.RetrievedFebruary 1,2023.
  28. ^Managan, Dan (June 24, 2022)."Supreme Court Justice Clarence Thomas says gay rights, contraception rulings should be reconsidered afterRoeis overturned ".Archivedfrom the original on June 25, 2022.RetrievedJune 25,2022.
  29. ^Blake, Aaron (June 24, 2022)."Clarence Thomas undercuts justices' assurances about post-Roe rulings".The Washington Post.Archived fromthe originalon June 25, 2022.RetrievedJune 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 fromthe originalon June 25, 2022.RetrievedJanuary 31,2023.
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