The ink is barely dry on H.R. 8404, The Respect For Marriage Act.
On December 13th, President Joseph Biden signed The Respect For Marriage Act into law, which amassed in a 258-161-1 vote in the House and 62-37 in the Senate. Of these votes, there were 12 Republican Senators and 39 Republican House members that voted in support of this legislation.
Times Have Changed
While the newly passed Respect for Marriage Act shows a promising move for the rightful advancement of same-sex couples in the United States, history has shown that the federal government has not always had this level of support for same-sex marriage.
One of the earliest legal cases regarding same-sex marriage rights was the case of Baker v. Nelson (1972), in which the first same-sex couple applied for a marriage license in Minnesota. Their license was denied and the couple appealed their case through the appellate circuit and to the Supreme Court. SCOTUS dismissed the case and by refusing to hear it, SCOTUS does not have a written history of deciding the legal outcome of this case. However, their dismissal of the case reaffirmed the lower courts that denied the marriage license.
Bowers v. Hardwick (1986) solidified SCOTUS’ feelings toward same-sex marriage rights. The decision written by Justice White held that the Constitution does not protect the right of same-sex couples to engage in consensual and private sexual intercourse. This case further allowed for discrimination and the infringement of rights for same-sex couples.
Marriage rights for same-sex couples saw a constitutional advancement in Justice Kennedy’s majority opinion in United States v. Windsor (2013). United States v. Windsor (2013) determined the constitutionality of the Defense of Marriage Act (DOMA) and specifically found the third section unconstitutional, which did not allow surviving individuals of same-sex couples to claim tax deductions from their deceased spouse. The majority opinion of SCOTUS from United States v. Windsor (2013) served as a significant precursor for same-sex marriage rights in future cases.
Obergefell v. Hodges (2015) is a landmark Supreme Court case that decided same-sex marriage is protected by the Fourteenth Amendment and is a liberty that is constitutionally protected. In response to same-sex marriage state bans in Michigan, Kentucky, Ohio and Tennessee, the SCOTUS majority decided that marriage is lawful between same-sex couples and ultimately protects same-sex couples throughout the United States.
H.R. 8404
In the face of history, the Respect for Marriage Act codifies same-sex marriage protection and is among the first steps to ensure equality for all couples in the country.
H.R. 8404 repeals the 1996 Defense of Marriage Act, which prevented same-sex couples to receive federal benefits. The 1996 Defense of Marriage Act also allowed individual states to invalidate same-sex marriage licenses obtained in other states, another key component repealed by the Respect for Marriage Act.
There are limitations within this legislation. Its advancement only pertains to federal benefits and requiring states to recognize marriage licenses that were acquired in other states, and these limitations are the reason that many same-sex marriage proponents are not satisfied.
This act, as well as Obergefell v. Hodges (2015), could be overturned with the current conservative SCOTUS makeup. But rather than allow pessimistic weight to consume us, we should remain hopeful that our government continues to take strides in the advancement, recognition and respect of all of its citizens.