President Biden Signs Respect for Marriage Act on December 13, 2022

The prospects for gay, lesbian, and transgender folks are better than last year, but they still are limited. The Respect for Marriage Act was signed by the President in December. It strikes down the Defense of Marriage Act of 1996, even though that was declared unconstitutional by the U.S. Supreme Court. Basically, the law says that states must reciprocate in recognizing the laws of other states. If a same-sex marriage in legal in one state, then another state must recognize that. It does not have to recognize same-sex marriages within that state if no law has been passed in that state. It recognizes religious organizations the right to refuse services or programs to same-sex couples if that is against the religious beliefs of that organization.

Basically, it codifies same-sex marriages as recognized by the U.S. Supreme Court, but it still allows for discrimination in providing actual marriages or services associated with marriages. You can't sue someone for refusing to take your wedding pictures or bake your cake or host your reception. Your marriage is recognized, however, by the state in which it was performed. Tennessee must recognize your Massachusetts license even though it won't issue such a license in that state.

It's like a compromise to have it both ways. Something to pacify the Democrats and the Republicans. Of course, the Supreme Court could reject its precedent and strike down this law, but that seems unlikely at this point.

The fact is that the LGBTQ+ community continues to face discrimination in law as well as in practice. The transgender community has been harassed this year. Gender identity, non-conforming gender, and transition practices are still unresolved in most states as well as nationally. Unless you work for the federal government, or one of its contractors, you still can be fired simply for being LGBTQ+. You can be refused housing or public accommodations, except in states that have outlawed it.

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