The Respect for Marriage Act favors the rights of religious groups over those of gay couples—and, if Obergefell were to be overruled, it would create two classes of marriage.
When the Supreme Court declared, in 2015, that the Constitution requires all states to license and recognize same-sex marriages, Justice Antonin Scalia, in dissent, claimed that the content of laws about marriage was not of “special importance” to him. What did matter, he wrote, is “who it is that rules me”—and the Obergefell v. Hodges decision, he lamented,“says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court.
Congress’s purpose is for the Respect for Marriage Act to be in place as a safety net in the event that the Court ever overrules its same-sex-marriage precedents. President Biden celebrated the bill’s passage, saying, “Americans should have the right to marry the person they love.
Some may even think of the Respect for Marriage Act as a warning to the conservative Justices that the public wants them to keep the constitutional right to same-sex marriage intact. But there is another possibility—that the new statute will prove to the Court that Congress has the capacity and the will to legislate on the matter.
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