The factors of the Respect For Marriage Bill’s formation
As of Sept. 27, the Senate vote for this bill has been postponed until after the midterm elections.
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The U.S. Department of Justice Office of Legislative Affairs.
Following the Supreme Court’s overturn of Roe v. Wade, discussion opened about overturning other rulings relating to marriage. Specifically, Justice Clarence Thomas mentioned overruling the right to same-sex marriage, which resulted in the process of enacting the Respect for Marriage Bill.
The public’s reactions to the decision of Roe v. Wade brought attention to the importance of understanding what Supreme Court rulings are and their difference from official federal and state laws. Shortly after came the codification process of same-sex and interracial marriage, currently protected under Supreme Court rulings, and now awaiting congressional approval to become a law.
The Supreme Court is a part of the judicial branch; they interpret the law, and, most importantly, they do not make new laws. A landmark decision of the United States Supreme Court changes the restrictions of existing laws, sets a new precedent for its interpretation, and applies to all states.
Both same-sex marriage and interracial marriage Supreme Court rulings are protected by the Fourteenth Amendment and are part of the law under the Respect for Marriage Act.
Obergefell v. Hodges is a landmark Supreme Court decision that interpreted that the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment applied to the right to same-sex marriage per the U.S. Constitution. Loving v. Virginia is the Supreme Court ruling that also deemed laws that forbade interracial marriage unconstitutional under the Equal Protection and Due Process Clauses of the Fourteenth Amendment.
Both same-sex marriage and interracial marriage Supreme Court rulings are protected by the Fourteenth Amendment and are part of the law under the Respect for Marriage Act.
If both of the aforementioned Supreme Court rulings are not awaiting reassessment by the Supreme Court as Roe v. Wade was, why codify them? The answer: federal laws hold more weight; it cannot as easily be overturned in comparison to Supreme Court rulings, and rather be repealed through the creation of a new law.
Federal laws are a part of the legislative branch. They must be approved by the House of Representatives and the Senate, which are the two Houses of Congress, and then signed by the president unless the law is passed without the president’s signature, as done in certain situations.
The Defense of Marriage Act was signed into law by President Bill Clinton in 1996. This act defined marriage as the union of a man and a woman and left it up to the states to decide whether to recognize same-sex marriages or not.
Supreme Court Landmark Decisions U.S. v. Windsor and Obergefell v. Hodges ruled the Defense of Marriage Act unconstitutional in terms of marriage equality according to the Fourteenth Amendment. However, the law has not yet been officially repealed through the creation of a new law, which would be the Respect for Marriage Act, if it is passed.
While Supreme Court rulings are approved by the majority of nine justices, federal laws are passed by the majority of 435 elected members and 100 senators, two for every state.
So far, the Respect for Marriage Act has been passed by the House of Representatives with a bipartisan vote of 267-157. As of Sept. 27, the Senate vote for this bill has been postponed until after the midterm elections.
Pascack Hills sophomore Kira Zizzo shared her thoughts on the act.
“At least the Supreme Court decisions made gay and interracial marriage legal throughout the United States. While the Respect for Marriage Act is a step in the right direction, its main purpose is still to repeal the Defense of Marriage Act, so the Supreme Court decisions are still very important to not be overturned,” she said.
The Respect for Marriage Act cannot stop a state from refusing to grant same-sex or interracial couples marriage licenses in the case that Loving v. Virginia or Obergefell v. Hodges were to be overturned.
U.S. History and AP United States Government and Politics teacher Brooks Alexander was asked about his thoughts on the American legal system.
“Despite [the United States’] many mistakes, stumbles, and falls, no other country has ever found a better way to govern or granted more consent to the governed,” he said.
The proposed bill is expected to repeal the Defense of Marriage Act; however, the date for this bill to become law remains unknown.
Paige Geanopulos is a senior at Hills. She joined the Trailblazer her freshman year as a staff writer, became the editor for the In-Depth section her sophomore year, and was the editor for the School News section her junior year. This year, Geanopulos looks forward to being the publication's Editor-in-Chief and continuing to write, edit, and manage stories for the Hills community.
Fun fact: Geanopulos has gone cliff diving in Naxos, Greece!
