Congress Is Set to Codify Respect for Marriage Act — But It Has Some Limitations

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Congress Is Set to Codify Respect for Marriage Act — But It Has Some Limitations
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The Respect for Marriage Act won’t stop states from passing their own new discriminatory marriage restrictions or enforcing preexisting measures.

— a bill already passed in the Senate to codify both interracial and same-gender marriage — on Dec. 8, 2022.sign the bill into federal law shortly after the upcoming House vote. This will protect the right to same-gender marriage, which is often referred to as same-sex marriage.

Many leaders of major LGBTQ+ rights organizations have praised the Respect for Marriage Act. For example, Kelley Robinson, president of the LGBTQ+ advocacy group the Human Rights Campaign,that the act will allow “the 568,000 same-sex married couples in this country … breathe a sigh of relief that their marriages will be protected from future attacks.”

However, the Respect for Marriage Act also has various limitations that have not received a lot of public attention. As awith a focus on LGBTQ+ issues, I’ve noticed at least three major shortcomings related to this imminent law. And as such, I don’t necessarily expect it to lead to legal protection and equality for all.

One key issue is that anti-LGBTQ+ laws in conservative states could undercut the Respect for Marriage Act. The act also provides an exemption for religious nonprofits. And finally, it does not fix a long-lasting problem that penalizes the marriages of people with disabilities — regardless of their sexuality.

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