On December 13, 2022, the “Respect for Marriage Act” was signed into law by President Biden. This legislation repeals the 1996 Defense of Marriage Act (DOMA), which had previously defined marriage federally as a “legal union between one man and one woman as husband and wife.” In addition, it requires all states to recognize a marriage “if the marriage is between 2 individuals and is valid in the place where entered into…” Finally, it mandates that the federal government recognize valid state marriages.
The immediate impetus for the legislation was Supreme Court Justice Clarence Thomas’ concurring opinion in Dobbs v Jackson, the case that overturned Roe v. Wade last June, in which Thomas suggested that the Court should reconsider Obergefell v. Hodges (which legalized same-sex marriage federally). Members of Congress from both political parties acted to protect both same-sex and interracial marriages.
While not addressing the pros and cons of the institution of marriage in general, WDI USA and the Lesbian Caucus support the rights of same-sex and interracial couples to participate in marriage as it exists in the law on an equal basis with all other couples.
The Act mandates that states recognize valid marriages performed in other jurisdictions. But it does not automatically provide a federal right to same-sex marriage across the country, and it is doubtful Congress would have the constitutional authority to do that. We think all 50 states should enact their own laws mandating the right of same-sex and interracial couples to marry in their states.
The Act includes this language about “gender”:
(2) Diverse beliefs about the role of gender in marriage are held by reasonable and sincere people based on decent and honorable religious or philosophical premises. Therefore, Congress affirms that such people and their diverse beliefs are due proper respect.
Insinuating the undefined concept of “gender” into legislation that is fundamentally about same-sex couples and biological sex is likely driven by devotion to sex-roles by legislators on both the left and the right. The reference to “gender” in this legislation intended to protect same-sex marriages is irrelevant and harmful to women. Sex roles are at the heart of systemic discrimination against women, girls, people who are same-sex attracted, and people who otherwise do not conform to traditional sex stereotypes. The Lesbian Bill of Rights (LBOR) recognizes that “it is especially those lesbians who do not conform to the sex stereotypes enforced on females who have faced the most oppressive discrimination.”
The Declaration is clear in stating:
Sexual orientation rights are necessary in eliminating discrimination against those who are sexually attracted to persons of the same sex. This should include the retention in law, policies and practice of the category of woman to mean adult human female and the category of lesbian to mean an adult human female whose sexual orientation is towards other adult human females.
Bottom line: The WDI USA Lesbian Caucus celebrates the enactment of the Respect for Marriage Act. We are happy to see bi-partisan support for legislation that expands the rights and options for all people in same-sex or interracial relationships, including the rights of lesbians.
The Lesbian Caucus, WDI USA
Arla Hile
Katherine Kinney
Marian Rutigliano
Dana Stanley
Lauren Levey, Coordinator
Thank you!! I was very much involved with the Marriage Equality Movement in San Francisco ever since my Souse and I stood in line for 8 hours to be married at City Hall in San Francisco in 2004 during ” The Winter of Love”. We married on Presidents Day along with 800 other Same sex and primarily Lesbian couples. A Lesbian wanted to marry us who we were in one community with, and another Lesbian I knew was our witness..but 6 months later all 4000 of those marriages were annulled by the California Supreme Court.
Not till 2008 with the California Supreme Court could we marry again which we did in October that year, 2 weeks before the Election. Obama was elected but at the same time Prop 8 passed stopping Same sex marriages in California until 2013.
We left California September of 2013 and moved to the midwest where our Marriage wasno longer legal or recognized. We were in limbo. Not till 2015 did Oberfell win where it was legal throughout the land. We wer even asked by Marriage Equality USA to share our story about it being legal in CA but no longer legal in NE in a “Friend of the Court” Brief. That was quite an honor.
It has really cemented our relationship together as wellas brought our families together nor do I have to worry should either of us get sick, the other would have full access in the hospital.
I remember the Sharon Kowalski case quite well.
We have been together 20 years and it was the right thing for us to do together as a Lesbian couple. It may not be right for every Lesbian or Lesbian partnership(s).
– In Sisterhood,
Artemis Passionfire