Same-sex marriage in the United States enjoys federal protections that would stay in place even if a conservative-leaning Supreme Court later overturns the right, as happened with abortion. This outcome comes from the Respect for Marriage Act, a legislative measure that the Senate approved with broad support, including votes from 12 Republicans, and was sent to the President for signing. President Biden pledged to sign the bill promptly and with pride once it passes the House, which is controlled by Democrats and supported by some Republicans. The final vote in the Senate could come next Tuesday.
The law builds on the 2015 Obergefell v. Hodges ruling that legalized same-sex marriage nationwide and addresses potential threats to that ruling. It does not require every state to issue marriage licenses to same-sex couples, but it does require states to recognize marriages that are legally performed elsewhere. The act also protects civil unions and interracial marriages, obliging states to recognize marriages without regard to sex, race, ethnicity, or national origin. Senate Republican leader Mitch McConnell, who is married to Elaine Chao, voted against the bill.
In addition, the legislation repeals the 1996 Defense of Marriage Act, which defined marriage as a union between a man and a woman and allowed states not to recognize same-sex marriages from other states and denied many federal benefits to married couples. Although a portion of the act faced constitutional questions, the Supreme Court already struck down that part in 2013, and the broader repeal remains a central aim of the bill.
religious freedom
Gaining Republican support proved essential to clearing the 60-vote hurdle in the Senate, avoiding a procedural blockage. The strategy included delaying debates and votes in the Senate until after the midterm elections and incorporating protections for religious liberty into the bill, a point of interest for conservatives.
The approved text confirms that churches, universities, and other non-profit religious organizations will not be required to provide services, goods, or facilities for the celebration or legalization of a marriage. They will not lose tax-exempt status if they discriminate against same-sex couples who wish to marry or do not offer those benefits. The federal government will not recognize polygamous marriages, a provision that has drawn criticism from some on the far right.
With the revised text, the House of Representatives, which supported the original bill in July with a broad Republican backing, now faces a vote on the Senate-altered version. Under Democratic control, its passage is deemed likely. The bill has drawn support from various institutions, including religious groups that historically oppose same-sex marriage while still seeking to protect their own beliefs and tax status.
Warning since summer
There is concern about the future of same-sex marriage in light of recent Supreme Court discussions that examined precedents and the scope of rights related to access to contraception and equality in marriage. Justice Clarence Thomas has called for a review of prior rulings, prompting renewed debate over the strength and reach of established protections. While the court has not yet reversed Obergefell, observers note a potential shift in legal precedent.
Currently, 35 states have provisions that ban same-sex marriage in constitutions or local laws, though such bans have faced legal challenges and changes. Analysts estimate that a number of these provisions could be revisited, especially in light of ongoing discussions around abortion and civil rights.
Public opinion remains supportive of same-sex partnerships, with a clear majority of Americans favoring marriage equality. Yet opposition persists among some religious groups and conservative political factions, which continue to resist rapid change even as polls show broad backing for the right to marry the person someone loves.
Biden’s message
President Biden issued a statement celebrating the success of the act, saying that love is love and that Americans should have the right to marry the person they love. He highlighted the bipartisan cooperation that enabled lawmakers to move the legislation forward.
Description from the White House about the passage of the Respect for Marriage Act by a bipartisan Senate.
Key aides urged ongoing engagement and clarity as the bill heads to implementation, underscoring the commitment to equal protection under federal law for all intimate partnerships.