Today, the Respect for Marriage Act got one step closer to becoming one of very few federal laws expressly protecting LGBTQ Americans. It’s expected to be signed into law by President Biden soon.
But even when it is signed, the legality of same-sex marriage will still rest on the 2015 Supreme Court case Obergefell v. Hodges, which found that same-sex marriage is constitutionally protected.
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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