Respect For Marriage Act

 Dash Kaur and Lacole Yang

President Biden signed the Respect for Marriage Act (RFMA), securing same-sex and interracial marriage rights through federal law, in response to the instability of marriage equality in the United States. 30 years ago, the Defense of Marriage Act (DOMA) defined marriage as between one man and one woman, allowing states to ignore same-sex marriages legalized in other states. But in 2011, DOMA was declared unconstitutional.

After DOMA, the landmark Supreme Court case Obergefell v. Hodges  determined that all states must recognize same-sex marriages, setting the precedent that marriage equality is a federal right. Another case, Loving v. Virginia, created a similar precedent for interracial marriage. Roe v. Wade supported the right to abortion on the same reasoning as Obergefell and Loving. But when it was overturned, it sparked fear for Obergefell and Loving’s reconsideration too. RFMA was then presented to the Senate to protect the validity of all marriages if Obergefell is ever overturned.

Essentially, RFMA completely repeals DOMA, so all parts of the US must recognize same-sex and interracial marriages. However, states and religious organizations can still refuse to perform marriages. A concern from conservatives was the right to freely practice religion, so they did not want to necessitate churches to issue marriage certificates to same-sex couples. This act cannot be used to reason against religious practices. The religious aspects of RFMA are vital, because they convinced reluctant Republicans in the Senate to back the act. In any case, while Obergefell remains in place, same-sex marriage is legal everywhere in America. For this reason, the act being instated “should be comforting for anyone who is not heterosexual”, as said by Teah Swartzon (IA ‘23). 

Isla Walker (CW, ‘24), one of OCSA’s Gender-Sexuality Alliance co-presidents, pointed out that enforcement of the act will look different state-to-state. California is likely to support same-sex marriage regardless of the act, but elsewhere, “there would be [more] normalized homophobia and heteronormativity.” Yet, as Brie Samaniego (CA&H, ‘24) stated, this act will generally “help with the normalization of queer and interracial marriages.”

Same-sex and interracial marriage have always been believed to be legalized after court cases set precedents. However, a precedent must be mandated through the government upholding it. Supreme Court Justice Clarence Thomas asked the court to reconsider Obergefell; this shows how easily rights from precedents can be taken away from the majority. RFMA will make a lasting impact for future marriages since acts cannot be purposely ignored. Because of the power the government holds when it comes to our rights, it is up to us to elect the leaders we wish to represent us. Becoming civically engaged by staying up-to-date with the news allows us to be informed citizens and voters. Using this knowledge, it is important to make one’s opinions heard through voting.

Matt Manning (MT, 23’) said that this act is “a good step forward. Of course, in a perfect world people would respect marriage in general but I’m glad [this act] will protect marriage for all people.” This act is not the end for the LGBTQ+ movement. There is still a long way to go for queer equality, but staying informed will allow for advancement through public participation.