President Biden Signs Historic Respect For Marriage Act
President Biden Signs Historic Respect For Marriage Act, Protecting Same-Sex Marriages
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On Dec. 13, President Biden signed the Respect for Marriage Act, which will ensure critical federal protections to same-sex married couples, as well as require that same-sex marriages be recognized across state lines, regardless of where the marriage license was issued. This bill means that same-sex married couples across the country can now receive the same federal benefits as opposite-sex couples.
The new bill overturns the Defense of Marriage Act of 1996, which federally banned same-sex marriages. But it expands beyond giving assurances to same-sex couples, stating that the government is prohibited from denying marriage to any two people “On the basis of the sex, race, ethnicity, or national origin of those individuals.” Here’s a closer look at why this bill is so monumental and why it was needed at this moment in history so badly.
A Brief History Of Same-Sex Marriage In The U.S.
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Same-sex marriage has been legal in the United States on the federal level since 2015, thanks to the Obergefell v. Hodges case. After this case, the Supreme Court ruled that all same-sex couples have the right to marry and have their marriage legally recognized throughout the United States. So, why the need for the Respect for Marriage Act, then?
It’s no secret – particularly after the recent ruling on abortion rights – that we currently have a predominantly conservative Supreme Court. After the overturning of Roe V. Wade in the recent Mississippi Dobbs case, the LGBTQI+ community and minorities across the country grew increasingly nervous that additional rights would be taken away.
One major concern has been that the Supreme Court would overturn Obergefell v. Hodges, which would revert same-sex marriage rights to state law. That could mean that, once again, same-sex couples in certain states would have to travel to a different state where same-sex marriage was legal to be issued a license. After the overturning of Roe v. Wade, crossing state lines to pursue a fundamental right is something many are all too familiar with right now. The Respect for Marriage Act prevents this from happening, should the Supreme Court ever decide to turn over Obergefell v. Hodges.
It’s Not A Blue Or Red Decision
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The decision to sign in the new bill was a bipartisan one, and by a landslide. Thirty-nine House Republicans and 12 Republican Senators voted it in, showing that the country as a whole is becoming increasingly more approving of same-sex marriage.
At a time when political divisiveness and polarization has reached unprecedented levels, America needed to see that both democrats and republicans agree on the fundamental human right to marry the person you love. And they really do. A poll reported on Pew Research found that 61 percent of Americans approve of same-sex marriage legalization, stating that it would be beneficial for society.
What Does The Respect For Marriage Act Mean?
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Under the Respect for Marriage Act, the government cannot deny marriage to two individuals on the basis of sex, ethnicity, race or country of origin. It also mandates federal recognition of same-sex marriage across state lines. No matter where a couple is married, they have the right to live in any other state and still see their marriage rights recognized.
On a practical but very impactful level, the act ensures that same-sex married couples will receive federal spousal benefits previously reserved for opposite-sex couples. These include items such as social security benefits, veteran benefits, health insurance, exemption from gift taxes and claiming children as dependents on taxes.
With these federal benefits secured for same-sex couples, the government is showing a much-needed sign of respect not only for same-sex couples but also for the families that they build together.
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