FORT LAUDERDALE, Fla. — The Respect for Marriage Act, which is on the verge of becoming federal law, is alleviating some of the concern same-sex couples have felt in recent months. But, legal…
By Anthony Man | South Florida Sun-Sentinel
The measure passed the Senate on Nov. 29. The House, where an earlier version passed in July, is expected to approve the latest version on Tuesday. After which, President Joe Biden said in a statement, “I will promptly and proudly sign it into law.”The proposed law is a response to concerns that erupted in June when the U.S. Supreme Court overturned the 1973 Roe v. Wade decision that established a constitutional right for pregnant women to choose to have abortions.
“I have had many people freaked out,” said Elizabeth Schwartz, a South Florida lawyer who was part of the legal team that litigated one of the original challenges to Florida’s ban on same-sex marriage. The three justices nominated by former President Donald Trump give the Supreme Court a conservative 6-3 majority to advance conservative causes if they choose.
Schwartz said the law would also make clear that the federal government has to recognize all marriages and treat them the same, including for benefits such as Social Security. Tobias Barrington Wolff, a law professor at the University of Pennsylvania and widely recognized authority on same-sex marriage, via email said that’s not guaranteed.
Schwartz said she’s also concerned that some conservatives might try to utilize religious freedom provisions to say, “Well we’re not going to issue your marriage licenses here,” adding that, “It’s only a matter of time until one of those homophobes takes a position like that. And then we’ll see how that looks on appeal.”
Stiger agreed, adding that she’s happy the legislation is moving forward. “I’m somewhat disappointed that the bill did not give us everything that Obergefell did,” she said. “I feel disappointed in the fact that it doesn’t give everybody total protection. … When and if Obergefell does fall, we will be second-class citizens again.”U.S. Sens. Marco Rubio and Rick Scott, both Florida Republicans, voted no.
Before the final version of the legislation came to the Senate, Scott said in a statement that “ I proudly support the gay community in Florida and across the nation and will aggressively fight any attempt to take away the ability for same-sex couples to marry and live their dreams in our great country. Unfortunately, the bill under consideration by the U.S. Senate does not adequately protect the religious liberties of all Americans, as guaranteed by the Constitution.
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