What does the Respect for Marriage Act mean for Oregon?
The United States Congress has passed the Respect for Marriage Act, and it’s now heading to President Joe Biden’s desk to be signed into law. We know there are a lot of questions about how this law will impact queer Oregonians, so here’s a Q&A to help break things down.
What does the Respect for Marriage Act (RFMA) actually do?
The RFMA ensures that the federal government will recognize any marriage between two people—without regard to sex—as long as it was valid in the state where it was performed. It also protects interracial marriages and marriages performed outside the United States.
Hasn’t marriage regardless of sex already been legal in the US for years now? Why is this legislation necessary?
Marriage regardless of sex became the law of the land in 2015, when the US Supreme Court ruled in Obergefell v. Hodges. Even at that point, many states had already legalized marriage regardless of sex, including Oregon, where it was legalized by a separate court decision.
However, the US Supreme Court has recently taken a turn to the far right, most notably when it overturned abortion rights earlier this year. In that ruling, Justice Clarence Thomas specifically named Obergefell v. Hodges when listing other cases he thinks should be overturned.
The RFMA is Congress’ way of ensuring that regardless of future Supreme Court actions, protections for marriage regardless of sex are enshrined in federal law. However, it’s important to remember that if the Supreme Court overturns Obergefell v. Hodges, marriages could become illegal in individual states that do not recognize marriage regardless of sex. .
So what does this mean for queer Oregonians?
The RFMA ensures that the federal government will recognize your marriage if it is legal in the state it was performed. However, the Oregon state constitution only recognizes marriage between a man and a woman. This language is not enforceable because of Obergefell and our separate court ruling, but in a hypothetical future in which the Supreme Court overturns Obergefell v. Hodges, there will be further litigation about whether marriage equality is legal in Oregon.
What happens if the Supreme Court overturns Obergefell v. Hodges?
As we’ve noted above, the RFMA does not require every state to recognize all marriages regardless of sex. And currently, the Oregon State Constitution does not enshrine marriage equality into state law
This is why it’s still imperative that Oregon passes its own protections in the Oregon constitution for marriage equality. The RFMA is a monumental step for equality, but we still have work to do.
Basic Rights Oregon is currently working with organizational partners and political leaders to lead the way in making sure g marriage equality is always protected in Oregon.