# Is the “Respect for Marriage Act” an overall win for liberals?

**URL:** <https://boards.straightdope.com/t/is-the-respect-for-marriage-act-an-overall-win-for-liberals/975790>\
**Category:** Politics & Elections\
**Created:** [November 30, 2022, 10:56am UTC](https://boards.straightdope.com/t/is-the-respect-for-marriage-act-an-overall-win-for-liberals/975790 "2022-11-30T10:56:24Z")\
**Posts on this page:** 8\
**Page:** 3

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**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\
**Post date:** [December 9, 2022, 5:26pm UTC](https://boards.straightdope.com/t/is-the-respect-for-marriage-act-an-overall-win-for-liberals/975790/41 "2022-12-09T17:26:58Z")

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> [@Tired\_and\_Cranky](#):
>
> I was answering what would happen in today’s climate without the bill but this is probably closer to what The \_Other\_Waldo\_Pepper really wanted to know.

As it happens, no, I’m curious about both: what happens, with regard to a DC wedding, with and without the bill…

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**Author:** ![MyFootsZZZ](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/myfootszzz/32/12580_2.png) [@MyFootsZZZ](https://boards.straightdope.com/u/MyFootsZZZ)\
**Post date:** [December 9, 2022, 5:31pm UTC](https://boards.straightdope.com/t/is-the-respect-for-marriage-act-an-overall-win-for-liberals/975790/42 "2022-12-09T17:31:41Z")

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These religious loonies are annoying:

[![](https://img.youtube.com/vi/Nuid0WvxR-I/maxresdefault.jpg "'Misguided And Dangerous Bill': Hartzler Gets Emotional Speaking Against Same-Sex Marriage Bill") ](https://www.youtube.com/watch?v=Nuid0WvxR-I)

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [December 9, 2022, 5:47pm UTC](https://boards.straightdope.com/t/is-the-respect-for-marriage-act-an-overall-win-for-liberals/975790/43 "2022-12-09T17:47:00Z")

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The Constitution recognizes to Congress plenary legal power over the territories and DC, and case law reaffirms they do not have original sovereignty, so **in** and for these jurisdictions, Congress can endow the local authorities with the capacity to carry out civil legal acts like issuing marriage licenses or land deeds and to enact local laws or ordinances, in the name of “the People of (Place)” as a legal person subordinate to but distinct from the US of A — so their licenses are not issued “by” the federal government, but they arise from a statutory, not constitutional, authority granted by it.

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**Author:** ![DCnDC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dcndc/32/2842_2.png) [@DCnDC](https://boards.straightdope.com/u/DCnDC)\
**Post date:** [December 9, 2022, 7:53pm UTC](https://boards.straightdope.com/t/is-the-respect-for-marriage-act-an-overall-win-for-liberals/975790/44 "2022-12-09T19:53:46Z")

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Her own (gay) nephew’s response:  
“Aunt Vicky that’s just not right. Institutions of faith like religious universities are not being silenced. They’re being empowered by the U.S. government to discriminate against tens of thousands of LGBTQ students because of religious exemptions but they still receive federal funding. It’s more like you want the power to force your religious beliefs onto everyone else, and because you don’t have that power you feel like you’re being silenced, but you’re not.” - Andrew Hartzler

👏

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**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\
**Post date:** [December 10, 2022, 12:17am UTC](https://boards.straightdope.com/t/is-the-respect-for-marriage-act-an-overall-win-for-liberals/975790/45 "2022-12-10T00:17:16Z")

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> <https://twitter.com/i/status/1601222853239902208>

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**Author:** ![MyFootsZZZ](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/myfootszzz/32/12580_2.png) [@MyFootsZZZ](https://boards.straightdope.com/u/MyFootsZZZ)\
**Post date:** [December 10, 2022, 6:42am UTC](https://boards.straightdope.com/t/is-the-respect-for-marriage-act-an-overall-win-for-liberals/975790/46 "2022-12-10T06:42:03Z")

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It breaks my heart. They seem well-adjusted and reasonable.

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**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\
**Post date:** [December 11, 2022, 3:26am UTC](https://boards.straightdope.com/t/is-the-respect-for-marriage-act-an-overall-win-for-liberals/975790/47 "2022-12-11T03:26:49Z")

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Potentially interesting case here in Oregon and a number of other states.

In 2004, we passed Measure 36, a constitutional amendment that decreed marriage between a man and a woman only (I didn’t vote for it). In 2014, the year before Obergefell, that amendment was ruled unconstitutional according to the US Constitution (violates Equal Protection Clause (EPC)) by a federal district judge. I believe similar rulings were made in other states.

Now what happens if SCOTUS reverses Obergefell, which was also based on the EPC? Does the 2014 ruling and similar rulings in other states get reversed too? Would it be automatic or would the Supremes have to explicitly reverse them? Or would anti-SSM forces have to file new lawsuits to get them reversed in each state?

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**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\
**Post date:** [December 12, 2022, 11:23am UTC](https://boards.straightdope.com/t/is-the-respect-for-marriage-act-an-overall-win-for-liberals/975790/48 "2022-12-12T11:23:58Z")

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An interesting article [on the Republicans who supported the Respect act](https://www.msnbc.com/rachel-maddow-show/maddowblog/meet-republicans-flipped-respect-marriage-act-rcna60999).

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