December 4, 2022

What the Respect for Marriage Act doesn't do

 Drew Going, Washington Post -  The act is certainly an insurance policy against the overturning of marriage equality by an increasingly activist Supreme Court — but it’s not a particularly comprehensive one. Think of it as one of those plans that really kicks in only after a catastrophe.

Here’s how it works: If Obergefell falls, the federal government continues recognizing existing same-sex marriages. However, red states could go back to refusing to perform new marriages, and couples living in those places who want to get hitched would have to hightail it over the border (or borders) to a friendlier jurisdiction.

The act, while not green-lighting any new discrimination, also explicitly leaves open existing religious-liberty loopholes that allow people to refuse wedding-related goods and services to queer couples.

 

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