The federalist

The ‘Respect For Marriage Act’ Disrespects Faithful Americans

The U.S. Senate has begun debate on a same-sex marriage bill they call the “Respect for Marriage Act,” and senators are expected to cast a final vote on the legislation when they return after Thanksgiving. Proponents dubiously claim this bill provides religious liberty and conscience protection. They’re also making a contrived argument that the legislation is necessary to protect interracial marriage.

In its 1967 decision, Loving v. Virginia, the U.S. Supreme Court struck down a state ban on interracial marriage because it was in clear violation of the equal protection and due process clauses of the 14th Amendment. The court rightfully struck a blow against racial discrimination, but its decision did not alter the nationwide consensus that marriage is a union of one man and one woman.

Today — 55 years after the court’s historic Loving decision — not one legislative body in any state of America is considering legislation to ban interracial marriage. While we’re not professional gamblers, we estimate that the odds are less than 1 in 100 trillion that any state in America will ever ban interracial marriage or that the U.S. Supreme Court would uphold such a ban in the infinitesimal chance it was placed on their docket. We further estimate that about 99 percent of Americans agree with our prediction and that a comparable percentage would be appalled if any state ever brought such a racist proposal to a vote.    

Punishing Those with Traditional Views of Marriage

Despite knowing that the banning of interracial marriage anywhere in America is a near impossibility, members of Congress are sowing fear across America and seeking to exploit the politically contrived argument that interracial marriage is at risk. This diversion seeks to distract the American people and their fellow legislators from the true goal — advancing legislation that puts photographers, wedding planners, and other small business owners or contractors at risk of severe fines, imprisonment, and bankruptcy if they dare to decline participation in a same-sex wedding celebration due to their sincerely held religious beliefs.

Having manufactured the argument that interracial marriage is at risk, proponents of the “Respect for Marriage Act” now argue it is necessary to pass this legislation in order to alleviate the fear they have sown with their cynical political tactic.

In crafting this bill, sponsors have created a new legal standard that will punish Americans who “cling” to their religious beliefs despite the new orthodoxy about marriage. Photographers and other entrepreneurs who don’t bend to the will of leftist activists will be treated as if they are racist bigots who refuse to provide a service to fellow Americans based on the color of their skin. The faithful entrepreneurs will effectively be presumed guilty of marriage discrimination and will have a high legal bar to clear in seeking to prove their innocence.

Department of Justice’s Abuses

The Biden administration is showing how legal tools in the arsenal of radical appointees can be turned against everyday Americans. The U.S. Justice Department, which would receive enhanced


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