What the Respect for Marriage Act does and doesn't do
LGBTQ Issues,Same-Sex Marriage,Respect For Marriage Act,Religion And Faith,Family And Marriage
The Respect for Marriage Act, which will be signed into law on Tuesday by President Joe Biden, is being celebrated as historic by him and lawmakers of both parties.
While the law will guarantee federal recognition of same-sex and interracial marriages, it was passed through Congress essentially as a compromise and as a backstop in case the Supreme Court overruled its prior decisions, which are currently the legal basis for such rights.
Here's what the Respect for Marriage Act (RFMA) does and doesn't do:
A constitutional right to same-sex and interracial marriage is currently guaranteed only by Supreme Court precedent. Every state is required to issue marriage licenses to same-sex and interracial couples according to the 2015 ruling in Obergefell v. Hodges and the 1967 ruling in Loving v. Virginia.
If the Supreme Court were to overrule either of those precedents -- a fear among Democrats and advocates in light of a concurring opinion in the conservative majority's June ruling to scrap national abortion rights -- then the RFMA acts as a limited remedy.
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