The Respect for Marriage Act is a historic bipartisan agreement that reflects a wider acceptance of gay rights.
Two years later, in an opinion known as Obergefell v. Hodges, the court found bans on same-sex marriage unconstitutional. That monumental decision legalized gay marriage nationwide, ending bans in 14 states that still had them. Since then, hundreds of thousands of same-sex couples have married.
In the years after Obergefell, some supporters of gay rights worried the freedom to marry could one day be revoked, and pursued versions of the Respect for Marriage Act, said Jon Davidson, senior staff attorney for the ACLU's LGBTQBut there wasn't the urgency or political will to advance it - until this summer.In June, a new conservative majority on the Supreme Court overturned Roe v. Wade, the 1973 decision that established the right to an abortion and had stood for almost 50 years.
"I agree that 'othing in opinion should be understood to cast doubt on precedents that do not concern abortion,'" Thomas wrote. "For that reason, in future cases, we should reconsider all of this Court's substantive due process precedents." That included Obergefell, Thomas wrote.
There's no case on the horizon that asks the Supreme Court to undo rulings that protect same-sex and interracial marriages. But Democrats opted to act while they had control of both chambers of Congress and the White House.
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