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Biden Signs Landmark Respect For Marriage Act To Protect Same-Sex, Interracial Marriage

Everyone should have the right to decide whom to marry ‘without government interference,’ the president says.

President Joe Biden signed the Respect for Marriage Act into law at a White House ceremony on Tuesday (Dec. 13). The landmark legislation enshrines marriage equality into federal law, codifying protections for same-sex and interracial couples.

“Deciding whether to marry, who to marry is one of the most profound decisions a person can make,” Biden told a large crowd of supporters gathered at the White House lawn for the signing ceremony.

He added: “I mean this with all my heart. Marriage is a simple proposition. Who do you love? And will you be loyal to that person you love? It’s not more complicated than that. The law recognizes that everyone should have a right to answer those questions for themselves without the government interference.”

The legislation landed on Biden’s desk after it passed a House vote on Dec. 8. It previously won bipartisan approval in the Senate last month after Democrats added an amendment to the bill that protects religious liberties concerns, The Washington Post reported.

Under the Respect for Marriage Act, each state must recognize valid same-sex marriage licenses from other states and consider those couples legally married. But the law does not force any state to issue same-sex licenses.

Much of the urgency for this legislation stems from U.S. Supreme Court Justice Clarence Thomas’ comments after the court’s conservative majority overturned the landmark 1973 Roe v. Wade decision, erasing long-held federal protection of abortion procedures.

Thomas argued in a concurring opinion that the Supreme Court “should reconsider” its past rulings codifying same-sex marriage, contraception and other rights.

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His comments were viewed as a warning signal. According to The Post, the Respect for Marriage Act repeals the 1996 Defense of Marriage Act, which permitted states to decline recognizing same-sex marriages from other states. The 1996 law remained on the books despite the U.S. Supreme Court’s 2013 U.S. v. Windsor ruling and 2015 Obergefell v. Hodges decision that guaranteed same-sex couples the right to marry.

Thomas’ remarks also raised a red flag about the vulnerability of interracial marriage, the BBC reported. In 1967, the U.S. Supreme Court prohibited states from banning interracial marriages in its Loving v. Virginia ruling. The Respect for Marriage Act now protects interracial marriage through federal law.

Vice President Kamala Harris, who stood alongside Biden, said, “For millions of LGBTQ-plus Americans and interracial couples, this is a victory. And it is part of a larger fight. The Dobbs decision (Dobbs v. Jackson overturned abortion rights this year) reminds us that fundamental rights are interconnected, including the right to marry who you love, the right to access contraception, and the right to make decisions about your own body.”

“It is hard to believe that 55 years after the landmark Supreme Court decision in Loving v. Virginia to legalize interracial marriage, we have finally codified into law the basic human right to love freely,” NAACP President and CEO Derrick Johnson said in statement shared with BET.com.

He continued: “We celebrate the signing of the Respect for Marriage Act as a major victory for equality in America. This crucial law ensures federal recognition of same-sex and interracial marriages, guaranteeing all rights and benefits afforded through marriage, and finally repeals the discriminatory Defense of Marriage Act.”

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Over the past few decades, America’s attitude has shifted in favor of  same-sex marriage. According to Gallup, just 27 percent of Americans supported legalizing same-sex marriage when it first asked that question in 1996. By 2015, for the first time, a majority of those polled said they backed same-sex marriage. That figure increased to 71 percent in a poll reported in June.

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