“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.”
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“The Respect for Marriage Act requires the federal government to recognize same-sex marriages performed in states where it is legal. This is obviously very important in terms of taxes and federal benefits that are tied to marriage. This is not an expansion of the federal government so much as widening the group of people who have access to existing privileges, rights, and benefits.”
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“The Respect for Marriage Act does not require any state to legalize same-sex marriages. Many states still have bans on recognition on the books. If the Supreme Court ever decides to overturn Obergefell, those bans will likely become active again. The Times coverage somewhat downplays this, and some gay couples might end up being surprised at what happens if Obergefell ever goes away.
The Respect for Marriage Act does require states to recognize same-sex marriages performed legally in other states. While this feels awkward and intrusive from a federalism standpoint, do try to imagine what would happen if this were not the case. More specifically, try to imagine if this were not the case with heterosexual couples. Each state sets its own marriage rules, but each state historically recognizes legal marriage licenses from other states for heterosexual couples. Gay couples shouldn’t be any different.
The Respect for Marriage Act lets religious organizations decline to participate in gay weddings. The bill specifically provides that churches and other houses of worship, religious groups, faith-based social agencies, etc. “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.””