Biden Signed A Marriage Equality Law

[Blkfyre]

https://www.buzzfeednews.com/article/davidmack/biden-signs-respect-marriage-act

Biden Signed A Marriage Equality Law In Front Of Drag Queens And The Nephew Of That Republican Who Cried About It
"It's really surreal," said Andrew Hartzler, an openly gay man who was invited to the White House to watch the president sign into law something his Republican lawmaker aunt had tearfully voted against.

The new law will guarantee the federal government recognizes marriages for same-sex and interracial couples should the nation's top court try to unwind civil rights jurisprudence — something LGBTQ activists had feared might happen when Justice Clarence Thomas used the court's decision overturning abortion rights to call for past cases on marriage equality and contraception to be reviewed next.

Congress can't require states to issue marriage licenses to same-sex couples because the US Constitution grants states, not the federal government, the power to determine who may wed. But should the Supreme Court overturn Obergefell v. Hodges, the 2015 case that stopped states from discriminating against same-sex couples in marriage, this new law means that the federal government will still recognize such marriages. States might once again outlaw marriage equality, but they will still have to recognize marriages of same-sex couples legally performed elsewhere.

It also formally repeals the Defense of Marriage Act, or DOMA, a 1996 law that first denied federal rights and benefits to same-sex couples.

"With the stroke of the president's pen, the fundamental right to marry the person you love is enshrined in the law," outgoing Speaker Nancy Pelosi told those at the White House on Tuesday prior to the signing. "I was overwhelmed with emotion in bringing down the gavel on this legislation."

[dogwalker]

OK but can't the next President undo that?  Few laws are forever.

[Romanticlover]

OK but can't the next President undo that?  Few laws are forever.

That's true.

This law is basically meaningless unless it's a Constitutional amendment.

[dogwalker]

Yep and even amendments can be changed although with more difficulty.
Heck maybe even the entire Constitution can be suspended.

[Romanticlover]

Heck maybe even the entire Constitution can be suspended.

I see what you did there. lol

[dogwalker]

LOL... the legal world is interesting.   Many think it's so rock solid and can never change but in many cases it's not.  There are some basic guidelines and rules but then there are also judges, etc. that can overrule or impose their own rulings within some limits.  Every time someone new gets in power, shit changes.  Little of what is currently going on (like the law referenced above) affects me though which is awesome.

[bats]

OK but can't the next President undo that?  Few laws are forever.

That's true.

This law is basically meaningless unless it's a Constitutional amendment.

No, the next president can't undo it. Not by himself. This was literally an act of Congress.

[Romanticlover]

No shit Sherlock, I'll bet you're fun at parties. lol

[dogwalker]

@bats   Gotcha....but Congress is just as variable which leads to uncertainty.  If Republicans control Congress it will be reversed.  Then if Demos control after that they will change it again just like Biden did.   It's no wonder many US allies complain about us being unpredictable, unreliable, and unstable.

[bats]

@bats  Gotcha....but Congress is just as variable which leads to uncertainty.  If Republicans control Congress it will be reversed.  Then if Demos control after that they will change it again just like Biden did.  It's no wonder many US allies complain about us being unpredictable, unreliable, and unstable.

It could be reversed, of course. But it would take 60 Republican votes in the Senate plus a Republican majority in the House plus a Republican president. So it's not as fragile as it might appear.

Remember, too, that 12 current Republican senators voted in favor of the bill (though three of those are on their way out).

[dogwalker]

You're talking about today. I'm talking about the future so don't act like no law or even Constitutional amendment can't be changed.  That's bullshit.  See US history.

[bats]

You're talking about today. I'm talking about the future so don't act like no law or even Constitutional amendment can't be changed.  That's bullshit.  See US history.

I didn't say it can't be changed. I explicitly said it could be changed. I have no idea what you're reading into my comment that would lead you to say "That's bullshit."

[HighStepper]

Obergefell v. Hodges decision by the Supreme Court created a NATIONAL RIGHT to marriage for same-sex couples. If the Supreme Court overturns Obergefell v. Hodges then states can ban same sex marriage. This new law doesn't force states to allow same sex marriages to take place in their jurisdiction. However, they must honor same sex marriages as being legal if the marriage was legally performed elsewhere.

This new law also protects interracial marriages. If the Supreme Court overturns Loving v. Virginia, states with anti-miscegenation laws could prohibit the performance of interracial marriages in their jurisdiction. However, they would have to honor interracial marriages as being legal if the marriage was legally performed elsewhere.

It is highly unlikely that a future Congress with Presidential signature will pass a law saying that states can reject legal marriages.