The Continued Advancement of Marriage Equality within the United States Legal System
December 13, 2022 – A new pivotal moment in the development of marriage equality in the United States.
Before going into the significance of December 13, 2022, it is important to understand a few other dates as well: June 12, 1967, September 21, 1996, and June 26, 2015. Looking at these three dates collectively will give you a better understanding of the significance around what happened on this December date.
June 12, 1967 – In Loving v. Virginia, the United States Supreme Court held that the banning of interracial marriages violated the United States Constitution. This ruling invalidated the anti-miscegenation laws of approximately sixteen states at that time.
September 21, 1996 – President Bill Clinton signed into Federal Law the Defense of Marriage Act (DOMA). This piece of legislation limited the definition of marriage for purposes of Federal Law, and therefore limited the Federal rights and protections that accompany a marriage to marriages between a man and a woman only. DOMA also allowed individual states to deny recognition of a same-sex marriage performed in another state – an exception to the full faith and credit requirement under our United States Constitution. After this went into effect, numerous states began implementing same-sex marriage bans – several of which are still on the books today.
June 26, 2015 – In Obergefell v Hodges, the United States Supreme Court held in a 5-4 decision that same-sex marriage bans violated the United States Constitution and required same-sex marriages to be allowed in all 50 states. This invalidated laws in fourteen states.
It is within this context that the importance of December 13, 2022 is understood. On this date, President Biden signed into federal law the Respect for Marriage Act (RFMA) – repealing DOMA and requiring Federal and State governments to recognize marriages of same-sex and interracial couples that were legally performed elsewhere. Effectively granting stronger protections to the recognition of rights given in 1967 and 2015 respectively.
In light of the Supreme Court’s recent action to overturn Roe v. Wade, codifying recognition and protections for same-sex and interracial marriages was imperative should the Supreme Court go one step further and overturn the 2015 ruling in Obergefell or the 1967 ruling in Loving v. Virginia. Thousands of same-sex and interracial marriages will remain protected and recognized by the Government. Inheritance rights, retirement benefits, medical care benefits, the rights associated with end-of-life care, and the numerous rights and obligations related to child custody, property distribution, and spousal support remain available to those who have made the commitment to each other to build and develop a familial relationship with another adult through the institution of marriage.
If you are seeking to enforce your marital rights, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Tiffany A. Byrd
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
