The Respect for Marriage Act Doesn't Codify the Fundamental Right of Same-Sex Marriage But Requires Interstate Recognition of Marriages

The 19th, Why The Respect for Marriage Act Doesn't Codify Same-Sex Marriage Rights

The U.S. House approved legislation Thursday to shore up marriage rights for LGBTQ+ couples. The Respect for Marriage Act has been hailed by lawmakers as a landmark law that will protect queer Americans for generations to come. 

The Senate advanced the bill last month, and President Joe Biden is expected to sign it. 

But the bill doesn’t codify the Supreme Court’s 2015 Obergefell v. Hodges decision that granted LGBTQ+ couples the right to marry. Instead, it forces states without marriage equality laws to recognize LGBTQ+ marriages from other states. 

It also declares all legal marriages in the United States must be recognized, even across state lines. That means if a marriage is recognized in Maine, it must be recognized in Texas. That part is seen as critical so that queer families can cross state lines to get married even if their home states don’t offer those rights. It also means that married couples can travel without having to worry that a hospital in another state won’t recognize their marriage in the event that one spouse has an emergency and another needs to visit or make medical decisions on their behalf. The same would be true for interracial couples, who the bill also protects — although the justices have not indicated that interracial marriage rights should be reconsidered.

Bill to Protect Same Sex Marriage Rights Clears Congress

The legislation repeals the Defense of Marriage Act, which defines marriage as between a man and a woman and allows states to refuse to honor same-sex marriages performed in other states. It prohibits states from denying the validity of an out-of-state marriage based on sex, race or ethnicity.

But in a condition that Republican backers insisted upon, it would guarantee that religious organizations would not be required to provide any goods or services for the celebration of any marriage, and could not lose tax-exempt status or other benefits for refusing to recognize same-sex unions.