The “Respect for Marriage Act” does two things.

It recognizes marriage between two individuals regardless of their “sex, race, ethnicity or national orgin.”

It also repeals the “Defense of Marriage Act of 1996” which defined “marriage” as between a man and a woman and “spouse” as “only a person of the opposite sex who is a husband or wife.”

Those are the two main components of the legislation.

Here is what it will do.

The Respect for Marriage Act would, for the first time, provide statutory authority for same-sex and interracial marriages. It allows the federal government to bring a civil lawsuit against anyone who violates the statutory rights of gay, lesbian or interracial couples.

It does not codify “same-sex or interratical marriage” BUT it does codify protections for same-sex and interracial marriages.

What that means is, the legislation does not require any state to permit same-sex couples to marry, it does require that all states recognize as legal any marriage that was legal in the state where it took place, under the U.S. Constitution’s full faith and credit clause.

IF Only

If Congress had planned and protected a woman’s right to medical privacy, then when The Supreme Court overturned Roe versus Wade, women would be protected.

The legislation now goes back to the U.S. House of Representatives. It is expected to pass. Then it goes to President Biden for his signature.

Once signed, same-sex and interracial marriages will be protected under federal law, no matter what individual states or the Supreme Court decides.