Dem-NPL Legislators, including MHA Nation representative, react to President Biden signing RFMA into law
More than 5,000 guests were in attendance on the White House lawn to celebrate after President Joe Biden signed the bipartisan Respect for Marriage Act, RFMA, into law on December 13, 2022. The RFMA preserves federal recognition of same-sex and interracial marriages into federal law for the first time. North Dakota Legislators expressed their support of the historical law in a press release published by the North Dakota Dem-NPL.
“It is great to see the bipartisan support for the Respect for Marriage Act which will ensure that North Dakotans who are in same-sex or interracial marriages are guaranteed the same rights and responsibilities of marriage as their family, friends, and neighbors. Today is truly a milestone day for North Dakota and our nation as we strengthen our communities by ensuring everyone has the opportunity to work towards their American dream.”
North Dakota House Minority Leader Josh Boschee (D-Fargo)
“The Respect for Marriage Act is a step in the right direction to respect those who have married, however, it does not go far enough. We celebrate these small victories while we continue to work hard until the attacks on equality cease to exist.”
North Dakota Senator Ryan Braunberger (D-Fargo)
MHA Nation member and newly elected representative for District 4A, Lisa Finley-DeVille, said:
“Today is a great day for the LGBTQIA2S people. Everyone should have the right to love and marry free from discrimination. I’m grateful to the group of Senators who worked together to get us to this historic moment, and I look forward to these protections being written into law.”
North Dakota Representative District 4A Lisa Finley-DeVille (D-Mandaree)
According to the press release, Senators Hoeven and Cramer voted against the RFMA.
The RFMA overturns the 1996 Defense of Marriage Act, which prohibited the federal government from recognizing marriages that were not between a man and a woman.
Since 2015, same-sex marriage has been legal nationwide following the Supreme Court’s decision in Obergefell v. Hodges. The paramount 5-4 ruling in Obergefell v. Hodges declared that the 14th Amendment requires all states to perform same-sex marriages and recognize same-sex marriages that have been performed in other states. An additional case regarding the federal recognition of marriage is Loving v. Virginia in 1967, where the court found states refusing interracial marriages unconstitutional.
Supreme Court Justice Clarence Thomas voiced his opinions regarding landmark high court cases after the overturning of Roe v. Wade. According to Thomas, rulings that established gay rights and contraception rights should be reconsidered in the wake of the overturning. He expressed interest in cases like Griswold v. Connecticut, Lawrence v. Texas, and Obergefell v. Hodges “were demonstrably erroneous decisions.” Thomas’ recommendation to reconsider does not force legal precedent, nor does it compel the other justices to act.
With the overturning of Roe v. Wade and Thomas’ comments, Democrats experienced a renewed momentum to push for statutes that protect the union of marriage should the court decide to overturn the rulings for same-sex and interracial marriage.
When Congress passed the RFMA, The White House Briefing Room issued a press release where the President expressed how he and the First Lady are thinking of the “courageous couples and fiercely committed advocates” that have fought for decades in the fight for marriage equality.
“While we are one step closer on our long journey to build a more perfect union, we must never stop fighting for full equality for LGBTQI+ Americans and all Americans.”
President Joe Biden
Laura Dronen, Dem-NPL, December 13, 2022, “As Biden signs Respect for Marriage Act into law, Dem-NPL Legislators react,” https://demnpl.com/as-biden-signs-respect-for-marriage-act-into-law-dem-npl-legislators-react/
Kathryn Watson, CBS News, December 13, 2022, “Biden signs Respect for Marriage Act, recognizing marriage equality in federal law,” https://www.cbsnews.com/live-updates/biden-signs-respect-for-marriage-act-equality-federal-law/
Legal Information Institute, U.S. Supreme Court, “Obergefell v. Hodges,” https://www.law.cornell.edu/supremecourt/text/14-556
Justia, U.S. Supreme Court, “Loving v. Virginia,” https://supreme.justia.com/cases/federal/us/388/1/
Dan Mangan, CNBC, June 24, 2022, “ Supreme Court Justice Clarence Thomas says gay rights, contraception rulings should be reconsidered after Roe is overturned,” https://www.cnbc.com/2022/06/24/roe-v-wade-supreme-court-justice-thomas-says-gay-rights-rulings-open-to-be-tossed.html
Legal Information Institute, Wex, “Griswold v. Connecticut (1965),” https://www.law.cornell.edu/wex/griswold_v_connecticut_(1965)
Justia, U.S. Supreme Court, “Lawrence v. Texas,” https://supreme.justia.com/cases/federal/us/539/558/
The White House, Briefing Room, December 8, 2022, “Statement By President Joe Biden on Bipartisan House Passage of the Respect for Marriage Act,” https://www.whitehouse.gov/briefing-room/statements-releases/2022/12/08/statement-by-president-joe-biden-on-bipartisan-house-passage-of-the-respect-for-marriage-act/