Marriage Equality Is Now Federal Law

On December 13, 2022, Joe Biden signed the Respect for Marriage Act  into law thereby protecting same sex and interracial marriages from the whims of the renegade theocratic majority on the Supreme Court and the efforts in Republican controled states to pass legislation that would abolish or denegrate such marriages.   Meanwhile, extremist hate groups masquerading as "christian" and/or "family values" groups wailed that the world was coming to an end and issued money begs so that their leaders can continue living the good life without gainful employment. The very need for the Act and the efforts of such hate groups should be a reminder to all decent, moral citizens that their rights are at risk given the extremism of SCOTUS and the never ending desire of Christofascists and white nationalist to impose their beliefs on all of us. A piece in The Advocate looks at this welcomed federal legislation.  Here are highlights:

President Joe Biden signed the Respect for Marriage Act into law Tuesday afternoon, assuring that marriage equality for same-sex and interracial couples will remain the law of the land no matter what the U.S. Supreme Court does.

"Today's a good day," Biden said as he stepped before the audience outside the White House. He recalled when he first came out for marriage equality 10 years ago, when he was vice president. "I want to thank all of you for being here today," he told those in attendance, citing Vice President Kamala Harris, First Lady Jill Biden, Second Gentleman Doug Emhoff, and Transportation Secretary Pete Buttigieg.

He said he was thinking of Richard and Mildred Loving, whose case won the right to interracial marriage in all states at the Supreme Court in 1967. He also noted all the couples and individuals who fought for the right to same-sex marriage, such as the late Edie Windsor, who fought the Defense of Marriage Act, which denied federal recognition to her marriage to Thea Spyer. "Today we celebrate our progress," he said.

"Love is love. Right is right. Justice is justice," he added.

He condemned anti-LGBTQ+ legislation that is being introduced and passed in states around the nation and Justice Clarence Thomas's stated desire for the Supreme Court to reverse its marriage equality ruling. He noted that racism, homophobia, transphobia, and anti-Semitism are all connected.

Vice President Harris spoke before Biden.

"This is a victory," she said, adding, “The Dobbs decision reminds us that fundamental rights are interconnected, including the right to marry who you love, the right to access contraception and the right to make decisions about your own body,” referring to the recent Supreme Court ruling that overturned abortion rights. She reminded the audience that fundamental rights are interconnected, including the right to marry and the right to control one's reproductive life. And she quoted Harvey Milk: "Rights are won only by those who make their voices heard." She also praised Biden for elevating LGBTQ+ people throughout his administration.

The Respect for Marriage Act will assure that the federal government recognizes same-sex and interracial marriages and that all states recognize those performed in other states. It forbids anyone acting under a state law to discriminate based on the gender or race of a married couple. It repeals the Defense of Marriage Act, which has been unenforceable since the Supreme Court rulings in Windsor v. U.S. (2013) and Obergefell v. Hodges (2015) but remains on the books.

The impetus for the legislation came after Supreme Court Justice Thomas said the court should overturn Obergefell v. Hodges, the ruling that established marriage equality nationwide. The statement came in his concurring opinion in Dobbs v. Jackson Women’s Health Organization, which struck down Roe v. Wade, the 1973 decision that legalized abortion in all states. There is no case currently making its way through the courts challenging Obergefell, but Thomas and other conservatives have made clear they would welcome one.

The act will not require any state to allow same-sex marriages to be performed. State bans on these unions were struck down in Obergefell, so such bans could be enacted again if Obergefell is overturned, as Congress has always left the definition of marriage to the states. But every state would have to recognize same-sex marriages performed elsewhere.

From the Rev. Paul Brandeis Raushenbush, president and CEO of inclusive religious freedom organization Interfaith Alliancet: “Marriage will be protected for millions of couples across the country in large part thanks to the steadfast support from diverse faith communities. This achievement is a shining example of our power to wield faith as a bridge, not a bludgeon. Interfaith Alliance is honored to join President Biden at the White House for this historic signing, and we look forward to continuing our work with leaders on both sides of the aisle to further an inclusive vision of religious freedom.”