Posted on Dec 13, 2022
Biden to sign Respect for Marriage Act, reflecting his and the country's evolution
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PO1 William "Chip" Nagel
..."What the bill does and doesn’t do
For advocates of the Respect for Marriage Act and the White House, Tuesday was a big day. But the bill's potential impact is limited.
"No, I am not celebrating," Jim Obergefell, of the Obergefell case that won the right to same-sex marriage, said on CNN.
This bill does not guarantee the right to marry. It makes it so that other states have to recognize same-sex marriages across state lines and that same-sex couples are entitled to the same federal benefits of any other married couple, like Social Security survivor benefits.
"I will say I'm happy that at least something has been done, something that we will have to fall back on should the Supreme Court overturn Obergefell in the future, but this act, I find it curious that it's called the Respect for Marriage Act because this act does not respect LGBTQ+ community, our marriages, our relationships or our families."
That's because, though the bill attempts to buttress key Supreme Court decisions, it does nothing to prevent same-sex marriages from becoming illegal again in states that might oppose them if the Supreme Court decides to overturn Obergefell.
The potential for its overturning was the impetus for passing the Respect for Marriage Act in the first place. In the Dobbs decision, which overturned the right to an abortion earlier this year, Justice Clarence Thomas wrote that the court "should reconsider" decisions that legalized same-sex marriage and even protected the rights of married people to have access to contraception.
As NPR has reported:
"If the Court were to overturn Obergefell, the legality of same-sex marriages would revert to state law — and the majority of states would prohibit it. The Respect for Marriage Act wouldn't change that, but it requires all states to recognize same-sex marriages performed in other states and federally recognizes these marriages."
..."What the bill does and doesn’t do
For advocates of the Respect for Marriage Act and the White House, Tuesday was a big day. But the bill's potential impact is limited.
"No, I am not celebrating," Jim Obergefell, of the Obergefell case that won the right to same-sex marriage, said on CNN.
This bill does not guarantee the right to marry. It makes it so that other states have to recognize same-sex marriages across state lines and that same-sex couples are entitled to the same federal benefits of any other married couple, like Social Security survivor benefits.
"I will say I'm happy that at least something has been done, something that we will have to fall back on should the Supreme Court overturn Obergefell in the future, but this act, I find it curious that it's called the Respect for Marriage Act because this act does not respect LGBTQ+ community, our marriages, our relationships or our families."
That's because, though the bill attempts to buttress key Supreme Court decisions, it does nothing to prevent same-sex marriages from becoming illegal again in states that might oppose them if the Supreme Court decides to overturn Obergefell.
The potential for its overturning was the impetus for passing the Respect for Marriage Act in the first place. In the Dobbs decision, which overturned the right to an abortion earlier this year, Justice Clarence Thomas wrote that the court "should reconsider" decisions that legalized same-sex marriage and even protected the rights of married people to have access to contraception.
As NPR has reported:
"If the Court were to overturn Obergefell, the legality of same-sex marriages would revert to state law — and the majority of states would prohibit it. The Respect for Marriage Act wouldn't change that, but it requires all states to recognize same-sex marriages performed in other states and federally recognizes these marriages."
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PO1 William "Chip" Nagel good day Brother William, always informational and of the most interesting. Thanks for sharing, have a blessed day!
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