January 19, 2023
Respect for Marriage Act
On December 13, 2022 the federal Respect for Marriage Act became law. The Act does a few things.
First, it repeals the federal Defense of Marriage Act (DOMA). That law was passed in 1996, and it prohibited the federal government from recognizing same-sex marriages that had been validly entered into under a state’s law. It also gave the green light to states to refuse to recognize same-sex marriages from other states.
Next, the new Respect for Marriage Act prohibits states from refusing to recognize same-sex marriages that are validly entered into in a different state.
Third, it prohibits states from refusing to recognize interracial marriage.
Fourth, it provides the general rule that if a marriage was valid in the state it was entered into, the federal government will recognize it.
The Respect to Marriage Act doesn’t require states to issue marriage licenses for same-sex couples. The states are already required to do so as a result of the United States Supreme Court 2015 decision in Obergefell v. Hodges.
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