Summary
Makes sure that all states and the federal government must accept marriages that were legally performed in any other state, including same-sex and interracial ones.
What problem does this solve?
The Defense of Marriage Act allowed states to ignore legal marriages from other states, creating uncertainty for many couples. This law removes that act and requires all states to recognize valid marriages, protecting the rights of married couples.
Who does this affect?
- Same-sex couples
- Interracial couples
- State governments
What does this law do?
Repeals the Defense of Marriage Act
Removes the law that defined marriage as only between a man and a woman for federal purposes and allowed states to refuse to recognize same-sex marriages from other states.
Requires states to recognize all legal marriages
Forbids any state from denying recognition of a marriage from another state based on the sex, race, ethnicity, or national origin of the individuals.
Establishes federal recognition of marriage
Defines marriage for all federal purposes as a union between two people that was legally performed in any state.
Allows individuals to sue for their rights
Gives any person who is harmed by a state's violation of this act the right to sue that state in federal court.
Protects religious freedom
Clarifies that nonprofit religious organizations cannot be forced to provide services or goods for the celebration of a marriage they object to.
What is the real world impact?
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Protects marriage equality from future court decisions
Ensures that same-sex and interracial marriages are protected by federal law, safeguarding them even if the Supreme Court decisions that currently protect them are overturned in the future.
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Includes protections for religious groups
Religious organizations do not have to provide services for marriages they object to, attempting to balance marriage rights with religious freedom.
When does this start?
This law became effective on December 13, 2022.