
The Respect for Marriage Act, a historic bill to codify the right to same-sex and interracial marriages, cleared its main obstacle on Tuesday after it passed the Senate — but the measure's provisions don't go as far as many had hoped they would.
Why it matters: Lawmakers crafted the legislation after Supreme Court Justice Clarence Thomas suggested the court reconsider Obergefell v. Hodges, which legalized same-sex marriage nationwide, in a concurring opinion overturning Roe v. Wade. The bill, which the Democratic-led House is expected to vote on in December, would not necessarily preserve the status quo as currently dictated by Obergefell.
What the bill does: Ensure federal recognition of marriage regardless of sex, race, ethnicity or national origin and require all states to recognize valid marriages conducted in places where they are legal.
The legislation notably repeals the Defense of Marriage Act, which established a federal definition of marriage as a "legal union between one man and one woman as husband and wife."
What the bill doesn't do: Require all 50 states to allow same-sex marriage as is held under the 2015 Supreme Court decision Obergefell v. Hodges.
It also does not prohibit states from taking steps to ban or restrict same-sex marriage if Obergefell were overturned.