#RFMA
People keep countering me with “But the Respect for Marriage Act was passed in 2022!”

Sure and the RFMA has religious exemptions large enough to drive a Mack truck through.
God, the lie that Obergefell "tramples on religious liberty" pisses me off so much.
August 5, 2025 at 1:25 PM
All RFMA does is protect some people who are already married or allow people to travel to another state and get married.

it's doesn't decriminalize same sex marriage.
August 5, 2025 at 2:34 PM
I don't know if you've read the RFMA but it's pretty feckless.

It doesn't prevent SCOTUS from reversing Obergefell and returning marriage equality to the states. 35 states still have same sex marriage bans on the books. So in more than half the states, same sex marriage will be banned. 1/
Roe was never a majority opinion and was never backed up by legislation.

Since Obergefell, which has been reinforced by Pavan v. Smith on a similar issue to Davis's, the federal Respect for Marriages Act has been passed.
August 5, 2025 at 2:34 PM
Wouldn't those be preempted by RFMA?
July 31, 2025 at 5:32 PM
I feel like everyone just memory holed RFMA.
March 9, 2026 at 6:26 PM
clearly this is going to be my column for next week because I really am concerned about some of y'all lack of understanding about what we are up against.

Why do you think 12 Republicans joined Dems in passing RFMA?

Because of the gaping religious exemption.

le sigh.
August 5, 2025 at 2:35 PM
The RFMA doesn’t mean states can’t ban same sex marriage within their borders, it just says those states need to recognize marriages that are performed in states where they *are* legal.
June 28, 2026 at 2:19 AM
RFMA helps but who knows how things will shake out

abcnews.go.com/Politics/res...
What the Respect for Marriage Act does and doesn't do
The Respect for Marriage Act (RFMA), signed by Biden on Tuesday, requires states to recognize lawfully performed same-sex and interracial marriages
abcnews.go.com
August 11, 2025 at 6:46 PM
RFMA doesn't prevent states from banning same-sex marriages being conducted within the states, nor would it necessarily bar states from *retracting* recognition of the same-sex marriages already legally conducted in that state while Obergefell is law if Obergefell falls.
July 23, 2024 at 9:16 PM
I’m still not holding my breath about them letting RFMA stand all that long after they gut Obergefell tbh
August 13, 2025 at 1:46 PM
RFMA passed with bipartisan support and any attempt to repeal it would probably be both unpopular and unlikely to break a filibuster.
November 7, 2024 at 12:16 AM
The RFMA isn't exactly marriage being codified into law. It says that states have to recognize marriages performed elsewhere, but does nothing to require marriages be performed in states where they are illegal, which is more than 1/2 of all U.S. states
August 11, 2025 at 7:18 PM
FWIW, the group pushing this argues that’s not what’ll happen, bc the Respect for Marriage Act was passed.

In fact, they argue RfMA increases the chance SCOTUS will take up the case, because it reduces the impact of overturning it.

LQBTQ rights advocates, meanwhile, don’t see it that way at all.
I wasn't! It was dead when Ginsberg died.

But SCOTUS canceling 700,000 marriage licenses? I don't think Roberts+Gorsuch+Kavanaugh+Barrett want that.
Ppl were very very skeptical about Roe being overturned too
July 31, 2025 at 7:30 PM
If it happens, the RFMA also makes overturning Obergefell a lot less onerous for gay people than overturning Roe was for women, who also faced a ticking clock of life or death stakes where each minute of delayed could matter in states with abortion bans
December 2, 2024 at 11:56 PM
The RFMA did nothing? It officially repealed DOMA, required the federal government to recognize same sex (and interracial) marriages, and compelled all states/territories to do so as well. A reversal of Obergefell would have set things back 10+ years; the RFMA at least makes it a much bigger battle.
February 16, 2026 at 8:47 AM
this is equivalent to the respect for marriage act, not obergefell. obergefell made it so all us states had to legally PERFORM same sex marriage. RFMA made it so that if obergefell is overturned, while states may not perform same sex marriages, ones done out of state have to be recognized
November 25, 2025 at 2:00 PM
Also: once they overturn Obergefell, what EXACTLY about the christofascists would make anyone think that RFMA would then be allowed to stand?
August 5, 2025 at 2:43 PM
You should also actually talk to an estate planning lawyer for a lot of these, too!!
E.g., what's the effect *in your state* if your will says "to my husband [name]" and the government says "2 men can't be husbands"? Will the name suffice? Will that bequest be stricken entirely? Will RFMA save it?
August 15, 2025 at 1:51 PM