User:GhostFreak777/Respect for Marriage Act

Polygamy
The Respect for Marriage Act reads as follows: “No Federal Recognition of Polygamous Marriages.--Nothing in this Act, or any amendment made by this Act, shall be construed to require or authorize Federal recognition of marriages between more than 2 individuals.” This section of the bill comes from a bipartisan amendment to the act. In a press release on November 14th, 2022, Senators Tammy Baldwin (D-WI), Susan Collins, Rob Portman, Kyrsten Sinema, and Thom Tillis discussed how this amendment would protect American religious liberties while maintaining the goal of marriage equality.

A recent Gallup poll shows that public support for polygamy is trending upward. undefinedAs of 2020, 20% of U.S. citizens viewed polygamy as morally acceptable, tripling since 2003. Pew Research Center found that even though 1 in 5 Americans support polygamy, it is very rare within the United States, with less than .05% of American households living polygamously. Polygamy is only a common occurrence around sub Saharan Africa, in countries such as Mali and Senegal, averaging about 11%.

Utah updated their criminal code on May 4th, 2022 to decriminalize polygamy. Utah reduced the crime of bigamy from a felony to an infraction as long as it is between consenting adults. If force, threats, or abuse are involved, it maintains its felony status.

Justice Roberts of The Supreme Court of the United States recently discussed polygamy in his dissent in Obergefell vs. Hodges, stating that “It is striking how much of the majority’s reasoning would apply with equal force to the claim of a fundamental right to plural marriage”

Repealing the Defense of Marriage Act (1996)
The Respect for Marriage Act repeals the 1996 Defense of Marriage Act (DOMA). DOMA barred the federal government from respecting the marriages of same-sex couples who were married under state law, which excluded them from federal recognition, such as with Social Security benefits, tax benefits, and more. DOMA established that the Full Faith and Credit Clause of the Constitution does not require states to respect the marriages of same-sex couples performed by other states. RFMA repealed that part of DOMA as well, and replaced it with the assertion that the clause requires interstate recognition. The Supreme Court case United States v Windsor (2013) struck down this section of DOMA, but after Dobbs’ overturning of Roe, some worry that Windsor will be overturned.

Activist Opinions
LGBTQ rights activists praised the Respect for Marriage Act for codifying into law some of the protections of Obergefell, but claim that the Act still falls short of everything that Obergefell protected. Activists and scholars highlight some important limitations of the bill, such as the Act not requiring nonprofit religious organizations “to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage.” However, activists do acknowledge that the bipartisan support of the bill is noteworthy, and that it shows a significant change in public opinion that is reflected in the actions of government representatives.

Interracial Marriage
Interracial marriage features prominently in the Respect for Marriage Act. Interracial marriage was first legalized through the landmark supreme court case Loving v Virginia in 1967. In Loving v Virginia, the Warren court established that the laws prohibiting interracial marriage were in violation of the Equal protection and Due process clauses of the fourteenth amendment of the Constitution. According to Gallup polls of United States public opinion, approval for interracial marriage has increased from 4% in 1958 to 94% in 2021 and the highest approval rating of 98% is from Americans between the ages of 18-29.

The issue of interracial marriage was not raised in the original Defense of Marriage Act (DOMA) that would lead to the passage of the Respect for Marriage Act. The new language of the Respect of Marriage act requires states to approve and acknowledge out-of-state marriage licenses issued to interracial couples.

Despite overwhelming public support for interracial marriage, the June 2022 overturn of Roe v Wade and Planned Parenthood v Casey raised additional concerns that interracial marriage was being threatened by the supreme court. Loving v Virginia and the recently overturned Roe v Wade were decided under the due process clause of the 14th amendment and this is what many believe to be the cause to include interracial marriage as protected under the Respect for Marriage Act.

Politicians' Opinions on the Marriage Act
The Respect for Marriage Act passed with a vote of 258 Yeas -169 Nays (1 present and 4 not voting   on December 8th, 2022 and was signed into law by President Biden on December 13, 2023. A total of 39 Republicans joined all 219 Democrats in voting to pass the bill. Thus, the bill is considered to be a bipartisan vote - the most pro-LGBTQ vote in Congressional history.

The main vocalized objection to Republican opposition to the bill is its possible implications of limits to religious freedom. Florida Republican Mario Diaz-Balart was quoted on his opinion of the bill: “My record shows that I am a long-standing advocate against discrimination of all types. I, however, cannot support any effort that undermines religious liberties by failing to provide legitimate safeguards for Faith-Based organizations that object based on their deeply-held religious beliefs.” Representative Díaz-Balart voted in opposition of the bill. Florida Republican, Representative Maria Elvira Salazar joined Díaz-Balart in opposition. She stated “I voted for the first version of the bill because I believe in human dignity and respect for all individuals. However, we cannot pass laws that advance one interest and bypass long-held legal protections for others”

In order, the for bill to have been successful as a bipartisan vote, the final bill included an amendment to ease some Republicans’ concerns about impacts to religious liberty. Wisconsin Republican Mike Gallagher voted in support of the bill following the revisions but opposed previous version of the bill with concerns it would allow for polygamy. “It is far better for Congress to pass legislation that protects religious organizations and provides stability to the millions of people in a same-sex marriage than to rely on federal judges to make these decisions” - Representative Gallagher

President Biden signed the Respect for Marriage Act into law on December 13, 2022 and the President and Vice President Harris gave their opinion of the Act in a speech prior to signing the bill. The speeches from Vice President Harris and President Biden highlighted other parts of the history of same-sex marriage, such as the movement against Proposition 8. The President also referenced Mildred and Richard Loving, and told the story of their Supreme Court case, as well as the case of Edie Windsor. The President also mentioned specific members of the Senate, namely Senator Tammy Baldwin, Susan Collins, Chuck Schumer, Senator Portman, Senator Sinema, Senator Tillis, Senator Feinstein, and Senator Booker, and Speaker of the House Nancy Pelosi, as well as Jerry Nadler.