
Let’s start with the positive: Republicans and Democrats are coming together to protect same-sex marriage from the Supreme Court.
The Respect for Marriage Act codifies marriages and came about amid worries among Democrats that the same conservative majority on the Supreme Court that took away the right to abortion will target same-sex marriage in the future.
The version that overcame a filibuster in the Senate passed the Senate Tuesday. A dozen Republican senators from across the country voted with Democrats before Thanksgiving to limit debate and move toward a final vote.
It next goes to the House for approval before President Joe Biden can sign it into law.
But there is a fair amount of fine print.
First, the bill does not require all states to allow same-sex marriage, even though that is the current reality under the 2015 Obergefell v. Hodges decision. Rather, if the Supreme Court overturned Obergefell and previous state prohibitions on same-sex marriage came back into effect, the Respect for Marriage Act would require states and the federal government to respect marriages conducted in places where it is legal.
There are religious exceptions. Republican supporters have emphasized the elements in this Senate version that protect nonprofit and religious organizations from having to provide support for same-sex marriages.