Topline
New federal protections for same-sex marriage became law on Tuesday when President Joe Biden signed the Respect for Marriage Act in a White House ceremony, marking a bipartisan victory for lawmakers who passed the bill to prevent rights for same-sex couples from being overturned by a conservative-majority Supreme Court.
President Joe Biden speaks during a bill signing ceremony for the Respect for Marriage Act, Tuesday, … [+]
Key Facts
Biden, flanked by prominent Democrats including Vice President Kamala Harris, House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer, signed the Respect for Marriage Act during a ceremony on the South Lawn, following musical performances by Grammy winners and LGBTQ advocates Sam Smith and Cindy Lauper.
Biden’s signature came after the House passed the legislation last week and the Senate passed the bill in November, both by bipartisan margins with unanimous Democratic support and backing from dozens of congressional Republicans.
The legislation overhauls the Clinton-era Defense of Marriage Act that specified marriage is between a man and a woman by declaring the federal government is required to recognize same-sex marriages.
The bill also says states must recognize same-sex marriages performed in other states, but because the federal government is prohibited from forcing states to enact laws, it does not require them to issue same-sex marriages.
Crucial Quote
“This is about realizing the promise of the Declaration of Independence. A promise rooted in sacred and secular beliefs,” Biden said in a speech prior to issuing his signature. “A promise that we’re all created equal. We’re all entitled to what Abraham Lincoln called an open field and a fair chance. There’s nothing more decent, more dignified, more American, [than]
what we’re doing here today. It’s about who we are as a nation.”
Key Background
Lawmakers announced the bill this summer following the Supreme Court’s overturning of Roe v. Wade. In issuing his concurring opinion, Justice Clarence Thomas suggested that rights to birth-control access and same-sex marriage could also come under scrutiny. The Supreme Court granted the right to same-sex marriage in every state in its 2015 Obergefell v. Hodges ruling, and required the federal government to recognize same-sex marriages issued at the state level in its 2013 U.S. v. Windsor ruling. However, 35 states still have laws on the books that ban same-sex marriage, and they could be triggered back into effect if Obergefell is overturned, which some observers think is possible with a Supreme Court that has shifted rightward since 2015. Democrats vowed to take up the legislation before the next session of Congress, when a Republican-controlled House could have stymied its passage.
Big Number
39. That’s the number of House Republicans who voted in favor of the Respect for Marriage Act, down from 47 who approved an earlier version of the legislation in July. The bill was amended in the Senate to recruit the GOP votes needed to surpass the 60-vote threshold to avoid a filibuster. The new provisions specify that religious organizations that do not support same-sex marriage will not lose their tax-exempt status and declare that marriage is between two people, language intended to ease Republican concerns that the law could endorse polygamy. Twelve Republican senators, including Sens. Susan Collins (Maine) and Mitt Romney (Utah), ultimately voted in favor of the bill.
Further Reading
House Passes Same-Sex Marriage Protections, Sending Legislation To Biden’s Desk (Forbes)
Senate Passes Same-Sex Marriage Protection Bill In Bipartisan Vote (Forbes)
These 7 GOP House Members Voted Against Same-Sex Marriage Protections After Backing Them In July (Forbes)
Source: https://www.forbes.com/sites/saradorn/2022/12/13/biden-signs-same-sex-marriage-protections-into-law/