Quiz#72 Respect for Marriage Act

The Religion Law Quiz Podcast

Rhonda has heard a lot of passionate arguments about the recently passed Respect for Marriage Act. Rhonda wants to rise above culture war bickering and get a more objective understanding of the Act and its potential ramifications. Where should Rhonda turn to find more information on this important topic?

(Scroll down for the answer)

Answer: Rhonda should consider studying the forthcoming law review article co-authored by Doug Laycock, Thomas Berg, Carl Esbeck and Robin Fretwell Wilson entitled “The Respect for Marriage Act: Living Together Despite our Deepest Differences.” A link to it is below as well as the Abstract.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4394618

The Respect for Marriage Act: Living Together Despite Our Deepest Differences

University of Illinois Law Review, Forthcoming

Virginia Public Law and Legal Theory Research Paper No. 2023-25

U of St. Thomas (Minnesota) Legal Studies Research Paper, Forthcoming

University of Missouri School of Law Legal Studies Research Paper No. 2023-08

50 Pages Posted: 21 Mar 2023 Last revised: 25 Apr 2023

Douglas Laycock

University of Virginia School of Law

Thomas C. Berg

University of St. Thomas, St. Paul/Minneapolis, MN - School of Law

Carl H. Esbeck

University of Missouri School of Law

Robin Fretwell Wilson

University of Illinois College of Law

Date Written: March 20, 2023

Abstract

The recently enacted Respect for Marriage Act is important bipartisan legislation that will protect same-sex marriage should the Supreme Court overrule Obergefell v. Hodges. And it will protect religious liberty for traditional beliefs about marriage. The Act has been attacked by hardliners on both sides. We analyze the Act section by section, showing how it works, why it is constitutional, and why it does not do the many things its critics have accused it of.
The Act requires every state to recognize same-sex marriages performed in other states. If Obergefell were overruled, Congress would have no authority to require each state to license same-sex marriages within its borders. By invoking the Full Faith and Credit Clause, Congress did all that it could for same-sex couples.
The Act protects religious liberty with congressional findings, rules of construction, modest new substantive protections, and a limitation on the Act’s reach: only persons acting under color of state law are required to recognize sister-state marriages. The Act specifically addresses the fear that conservative religious entities could lose their federal tax-exempt status.
The Act is a model for pluralistic approaches that protect both sides in the culture wars. State legislatures have passed many gay-rights bills with protections for religious liberty. Neither side has been able to pass gay-rights bills without such protections, or absolute religious liberty bills with no allowance for gay and lesbian rights. The Respect for Marriage Act is an encouraging return to the practice of protecting liberty for all Americans—both the LGBTQ community and the conservative religious community.

Keywords: Respect for Marriage Act, same-sex marriage, religious liberty, religious exemptions, wedding vendors, full faith and credit, Obergefell v. Hodges, gay-rights legislation, religious liberty legislation, LGBTQ

Suggested Citation:

Laycock, Douglas and Berg, Thomas Charles and Esbeck, Carl H. and Wilson, Robin Fretwell, The Respect for Marriage Act: Living Together Despite Our Deepest Differences (March 20, 2023). University of Illinois Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2023-25, U of St. Thomas (Minnesota) Legal Studies Research Paper, Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2023-08, Available at SSRN: https://ssrn.com/abstract=4394618

Disclaimer: The Religion Law Quizzes are provided as a service to the bar. They are informal, non-binding hypothetical questions intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

Welcome to this riveting edition of the Religion Law Podcast. Your host, Michael Fielding, takes you through a thought-provoking quiz in episode 72. The spotlight shines on the Respect for Marriage Act, intricately dissecting its ethos and implications amidst the cultural clamor.

This episode timely revisits the Respect for Marriage Act, introduced back in late 2022 or early 2023. With its fair share of controversy, the Act was vehemently argued for and against. Amidst this, a practical and neutral perspective is offered by the scholarly team of Doug Laycock, Thomas Berg, Carl Esbeck, and Robin Fretwell Wilson. Their article, "The Respect for Marriage Act, Living Together Despite Our Deepest Differences", serves as a credible guide to understanding the Act's provisions objectively.

Highlighting the 'middle of the road' perspective, we discuss an abstract of the same article, examining how the act protects both, marriages of same-sex couples and conservative religious beliefs. We delve into how the Act skillfully utilizes the Full Faith and Credit Clause and the steps taken to safeguard religious liberty, while clarifying misinterpretations along the way.

In the depths of this episode, you will find an evolving understanding of the Act's role in conserving the liberty of all Americans, including the LGBTQ community and the conservative religious circles. Grasping the crux of the Respect for Marriage Act, we explore how fervent arguments can sometimes mask the law's actual intent and balance.

As we wrap up this enlightening episode, remember that Religion Law Quizzes are designed purely for educational purposes. As always, feel free to share your insights, leave a review and keep influencing the world. Until the next quiz, stay tuned and keep exploring.