President Joe Biden on Dec. 13 signed the Respect for Marriage Act, which specifically permits same-sex and interracial marriage. It states that the federal government recognizes any marriage between two individuals that is valid under state law. The new law prevents states from refusing to recognize out-of-state marriages based on sex, race, ethnicity or national origin.
It preserves religious liberties or conscience protections that are available under the U.S. Constitution and federal law. It does not require religious organizations to provide goods or services to recognize or celebrate a marriage. It does not sanction under federal law any marriage between more than two individuals.
"It secures the federal rights that come with marriage, like when your loved one gets sick and you're legally recognized as next of kin," Biden said.
The U.S. Senate passed the bill on Nov. 29. The U.S. House of Representatives passed it on Dec. 8.
We have gathered a selection of articles on the news from SHRM Online and other trusted news sources.
Employee Benefits Safeguarded
With the new law, same-sex couples can continue enjoying company benefits just as opposite-sex couples do. The legislation was intended to address fears that the U.S. Supreme Court might reverse its decision recognizing same-sex marriage. Earlier this year, Supreme Court Justice Clarence Thomas wrote in a concurrence that the court should reconsider Obergefell v. Hodges—the ruling that protects same-sex marriage. The Respect for Marriage Act repeals the federal Defense of Marriage Act, which defined marriage as between one man and one woman.
The new law means employers and employees can have more confidence that same-sex marriage will remain legal in the United States.
Looking Ahead
The new law offers less protection than Obergefell because it does not require states to let same-sex couples marry. That means if the Supreme Court overturned the ruling, conservative states could prohibit LGBTQ marriages. LGBTQ advocates said their rights felt much more fragile after the court overturned Roe vs. Wade this year.
State Laws
Currently, 35 states have statutes or constitutional amendments banning same-sex marriage that would take effect if Obergefell were overturned. Republicans who oppose same-sex marriage decried the Respect for Marriage Act as an affront to biblical definitions of marriage. GOP lawmakers also played down the threat to marriage equality and said the bill was unnecessary, despite the Supreme Court's ruling revoking abortion rights.
Public Support
Once a fiercely divisive political issue, same-sex marriage has won mainstream approval in recent years, with polls showing that 70 percent of Americans support it. Proponents of the new law argued that Congress needed to be proactive in ensuring that a future Supreme Court ruling would not invalidate same-sex marriages around the country. Opponents of the legislation argued that it would undermine family values in the United States and restrict the religious freedoms of people who do not believe that same-sex marriage is moral.
Rights for Married Couples
Legal marriage comes with many federal rights and benefits, including:
- Filing your taxes jointly as a couple.
- Receiving your spouse's Social Security benefits.
- Being named as a dependent on your spouse's employer-sponsored health insurance.
- Right to visit your spouse in a hospital or prison.
- Next-of-kin status for emergency medical decisions or filing wrongful-death claims.
- Custodial rights to children, shared property, child support and alimony after divorce.
- Tax-free transfer of property between spouses.
- Joint filing of bankruptcy permitted.
- Funeral and bereavement leave when your spouse dies.
- Joint adoption and foster care.
- Legal status with stepchildren.
- Permission to make funeral arrangements for a deceased spouse.
- Right of survivorship of custodial trust.
- Right to change your surname upon marriage.
- Right to enter into a prenuptial agreement.
- Right to inheritance of your spouse's property.
- Spousal privilege in court cases.
- Payment of wages and workers' compensation benefits to the spouse after a worker's death.
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