Respect for Marriage Act: What Families Need to Know After House Passes Bill Protecting Same-Sex Unions

Members of the U.S. House of Representatives received bipartisan support and passed the Respect for Marriage Act to protect same-sex marriage on Tuesday, July 19, 2022.

The move was sparked by the concurring opinion of Justice Clarence Thomas in overturning the 50-year-old ruling on Roe v. Wade in June 2022, effectively prohibiting abortion in the country. In his opinion, the justice stated that the Supreme Court must also reconsider the so-called constitutional rights protected in the Obergefell vs. Hodges ruling, implying that this must also be overturned.

Before the controversy in the abortion ruling, LGBTQ activists have been saying that the overturn of Roe v. Wade will inevitably remove the protection and rights of same-sex marriage in Obergefell vs. Hodges. Brad Sears of the Williams Institute in Los Angeles told USA Today that LGBTQ groups have enough reasons to fear that conservative Supreme Court justices will vote for the overturn because the Roe v. Wade decision showed that even settled laws can be "litigated all over again."

The nitty-gritty in the Respect for Marriage Act

Democratic Rep. Jerry Nadler sponsored the Respect for Marriage Act, which covers same-sex and interracial marriages. If passed into federal law, it will repeal the 1996 Defense of Marriage Act (DOMA), which previously underscored that a marriage is only "between a man and woman" and a spouse must be of the opposite sex. Currently, the DOMA is not strictly enforced.

The new legislation also repeals any provisions that do not require the states to acknowledge same-sex unions, so same-sex couples will no longer be excluded from receiving Social Security survivor benefits or equitable tax treatment, per the ACLU. The repeal also extends to the federal requirements of the government. Instead, it will require interstate recognition.

However, if the Supreme Court overturns Obergefell vs. Hodges, the Respect for Marriage Act will not prevent states from denying a marriage license to same-sex couples; it will not violate the law. The purpose of codifying the law is to ensure that no federal laws will nullify same-sex unions.

Sears, however, believes that half of the states will still recognize same-sex marriage even if this is overturned. Thus, many couples can still get married in several nearby states of their choice.

Respect for Marriage Act for deliberation in the Senate

After the House, the legislation was transmitted to the Senate for deliberation. It will need at least 60 votes to pass. The Democrats have 50 Senate seats; thus, they need ten or more bipartisan support.

Republican Sen. Marco Rubio of Florida has already stated that he will not vote in favor of the Respect for Marriage Act. He believes that marriage laws have always been decided by the state and not the federal government. Thus, he sees this new legislation as a non-issue and a complete waste of time, according to Reason.

Sen. Mitt Romney of Utah, on the other hand, was not explicit on whether he'll vote yes or no. However, he told the press weeks before the House passed the bill that he didn't see a need for new legislation since same-sex marriage is legal in many states. He also doesn't believe the law will change in the coming years.

Sen. Ted Cruz of Texas is voting no and supports the overturn of Obergefell vs. Hodges. Yet, Cruz also said he does not think the Supreme Court will act on it.