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What Does the Respect for Marriage Act Actually Say?

Politics,LGBTQ Issues,Same-Sex Marriage,Supreme Court,Bipartisanship,Religion And Faith,Religious Freedom

From the Center
Analysis

The Respect for Marriage Act passed the Senate Tuesday night by a vote of 61–36. Twelve Republican lawmakers crossed the aisle and voted with all the Democrats for the bill, which will enshrine federal recognition for same-sex and interracial marriages in states that have legalized it.

The Respect for Marriage Act is intended as a backstop should the Supreme Court ever decide to reconsider and overturn U.S. v. Windsor, which ruled that the federal government must recognize state-approved, same-sex marriages, and Obergefell v. Hodges, which ruled that all states and the federal government must legally recognize same-sex marriage. The Respect for Marriage Act repeals and replaces the Defense of Marriage Act, passed in 1996, which prevented the federal government from recognizing same-sex marriage.

There has been quite a bit of exaggeration about what the bill actually does in the run-up to Tuesday's vote, particularly by social conservatives who have a very long history of opposing same-sex marriage. The Heritage Foundation describes the bill as "radical" and, uh, tweeted out a frowny-face emoji in response to the vote. A reminder here that a majority of Americans, including Republicans, support legal recognition of gay marriage.

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