WASHINGTON — Same-sex marriage is now protected in federal law.
President Biden signed the Respect for Marriage Act (RMA) on Dec. 13 and thereby finalized landmark legislation that redefines the world’s oldest institution. Five days after Congress completed passage, Biden enacted a bill that mandates federal and state recognition of any same-sex marriage considered legal in the jurisdiction where it took place.
Although the new law does not require states to legalize gay marriage, it repeals the Defense of Marriage Act (DOMA). By enacting DOMA in 1996, the federal government defined marriage as only between a man and a woman and protected the right of a state not to recognize a same-sex marriage that occurred in another jurisdiction.
Concerns expressed by congressional Democrats that a more conservative U.S. Supreme Court might reverse its 2015 Obergefell v. Hodges decision that legalized gay marriage fueled the effort to enact the RMA. Congress gave final passage to the bill three weeks before control of the House of Representatives is to be transferred to the Republican Party. [Read more…]