The United States Supreme Court has been at the center of American political life for decades. The court’s recent actions, though, have laid the groundwork for a more combative relationship with the public. While the court used to be the champion of progressive politics, the decision to overturn Roe v. Wade marks a new and aggressive conservative turn. In the face of this new reality, President Biden signed a pro-LGBTQ+ statute into law in December 2022. Here’s what the Respect for Marriage Act means for same-sex couples.

What Is the Respect for Marriage Act?

The Respect for Marriage Act (2022) is a new piece of legislation that voids a previous federal law, the Defense of Marriage Act (1996), and recognizes the legitimacy of same-sex and interracial marriages. The Defense of Marriage Act defined marriage as a union between a man and a woman. This effectively negated the rights of same-sex couples when it came to marriage. The Respect for Marriage Act requires states to recognize same-sex and interracial marriages if the couple has a valid marriage license. The new piece of legislation also provides federal recognition to same-sex and interracial marriages.  

The act received a surprising amount of bipartisan support, but it does leave out something important. This law does not require states to provide marriage licenses to same-sex couples. This means that if a couple wants to get married and their state doesn’t recognize their union, they will have to travel to a state that does provide marriage licenses to same-sex couples.

Why Did President Biden Sign the Act Into Law?

President Biden signed the Respect for Marriage Act so that same-sex couples can access the same federal services and benefits as other married couples. The President is a vocal supporter of the LGBTQ+ community and does not want to see marriage equality overturned by the Supreme Court.

In 2015, the Supreme Court ruled that the federal government did not have the power to stop gay people from getting married. This ruling enshrined marriage equality into national law. However, because the Supreme Court is swinging in a more conservative direction, the legislative and executive branches of government decided to push through legislation that would guarantee protections for same-sex couples who want to get married. The Respect for Marriage Act came about as a response to the overturning of Roe v. Wade. 

How Does the Act Protect Same-Sex Couples?

The Respect for Marriage Act protects same-sex couples by recognizing their right to get married at the federal level. The federal government provides benefits and services to married couples, including those related to social security, disability, immigration, medicare, and more. Now that the Respect for Marriage Act has made its way through the House, the Senate, and off of the President’s desk, same-sex couples can enjoy the same federal benefits that heterosexual couples receive. 

The most important aspect of the Respect for Marriage Act is that it means that individual states cannot disregard the legality of same-sex marriages that took place in other states. Once a same-sex couple gets legally married in a state that recognizes the marriage, every other state in the union must recognize the marriage as well. Even if the Supreme Court strikes down the Obergefell decision, conservative states will still have to recognize same-sex marriages as legal. 

The Respect for Marriage Act is not only a landmark piece of legislation for the federal government, but it’s also a significant moment in President Biden’s political career. In 1996, Biden signed the Defense of Marriage Act as a sitting senator. Now, all these years later, he has transformed into a staunch defender of LGBTQ+ rights.