When Obergefell v. Hodges legalized same-sex marriage in 2015, Adam Malm, the senior assistant dean for operations, administration and facilities management at the Nell Hodgson Woodruff School of Nursing, recalled hearing yelling and cheering outside of his office.
“I kind of popped my head out of the door, and I saw people so excited,” Malm said. “I thought, ‘Wow, this is really a place that I can be proud of where I work. People are here to support me, even if they’re not supporting me directly.’”
U.S. President Joe Biden signed the Respect for Marriage Act on Dec. 13, 2022, ensuring the protection of same-sex and interracial marriages in all U.S. states and territories. The law repealed the previous Defense of Marriage Act, which was enacted in 2016 and defined marriage as the union of one man and one woman. The law allowed states to refuse recognition of same-sex marriages.
According to Asa Griggs Candler Professor of Law Tim Holbrook, the Respect for Marriage Act has no immediate effect. Rather, it was designed as a backup in case the U.S. Supreme Court overturns the Obergefell decision.
“The [Respect for Marriage Act] does not require states to allow same-sex or interracial marriages,” Holbrook wrote in an email to the Wheel. “Instead, it requires the states to recognize those marriages if performed in a state where such marriages are legal.”
If Obergefell is overturned, Holbrook said, then Georgia’s former ban on same-sex marriages would come back into effect. But under the Respect for Marriage Act, existing marriages performed in states where same-sex marriage is legal, such as Illinois, would be protected.
Holbrook added that the Supreme Court could not overrule Obergefell unless a case challenging marriage equality came before the Supreme Court.
“I imagine that after Justice Thomas’ concurrence [in the overturning of Roe v. Wade], however, that there are parties developing a way to bring such a challenge,” Holbrook wrote.
Courtesy of Wikimedia Commons
A sense of security
Malm was engaged to his fiance in 2014, when same-sex marriage was illegal in Georgia. Since his family is from the New England area, where same-sex marriage was legal, he planned to hold his wedding there instead.
However, once same-sex marriage was legalized in Georgia under Obergefell, Malm was able to get married on Emory University’s campus in 2016.
“I had such a connection to a memory, to that period of time, where I was actually going to be able to get married in my home state and it would be legal,” Malm said.
In total, 200 people attended Malm’s wedding ceremony in the Miller-Ward Alumni House, including family from all over the globe, traveling from New England, Australia, Switzerland and London.
“That feeling was something that I will never ever forget,” Malm said. “But I also didn’t ever want to be able to have that law at the time overturned.”
According to Malm, the act will also afford Emory students and faculty a sense of security, an equal playing field where everyone feels as though they have the same rights as one another. The act has also secured his confidence in accessing other conveniences in the future, such as medical and dental benefits, and preventing employers from taking away LGBTQ employees’ rights.
Malm said that the Respect for Marriage Act was special to him because it meant that, no matter what, the same rights given to him in 2015 would not be taken away.
“There’s almost the sense of the opposite of being overwhelmed, is being able to breathe, and knowing that it could never be taken away,” Malm said. “It was something that didn’t even exist when I was growing up, and I didn’t know that it would ever be a possibility.”
Shifting sentiments nationwide
The Senate passed the Respect for Marriage Act in November 2022 in a 62-37 vote, with 12 Republicans voting in favor of the act.
The Respect for Marriage Act’s passage reflects the results of a May 2 Gallup poll reflecting that support for same-sex marriage has reached an all-time high, with 71% of U.S. citizens supporting its recognition by the law. In 1996, only 27% of the U.S. public supported legalizing same-sex marriages. Former U.S. President Barack Obama was originally opposed to same-sex marriage, Holbrook noted.
According to a different Gallup poll from 2021, for the first time, a majority of Republicans — who have consistently been less supportive of same-sex marriage — backed same-sex marriage, with 55% in favor of same-sex marriage.
A pride flag hangs on a column. (Sophia Guerieri/Contributing Photographer)
Young Democrats of Emory President Ash Shankar (23B) said that marriage equality is an important value in the United States and attributed the shift in support for same-sex marriage to U.S. society becoming more accepting. Shankar said that Republican support of same-sex marriage embodies “who we are as Americans,” as it promotes the ability for others to make their own choices.
“I’m glad that we’ve realized as a society that we need to prioritize the ability for everyone to choose who they love or be able to exercise the same fundamental rights that straight couples get,” Shankar said.
Shankar added that Republicans have come around on the issue, even though they might personally disagree with it.
“It is viewed as a very protected institution, and what better way to protect it than to guarantee that right to everyone, no matter who they love?” Shankar said. “I’m very happy to see Republicans coming back on this issue and acknowledging that love is love.”
Emory College Republicans Chairman Robert Schmad (23C) said that although he does not believe in same-sex marriage due to his religious beliefs, he acknowledges that social conservatives have “lost the battle” in defining what constitutes marriage.
“This bill was largely, especially by Republicans, flaunted as a compromise between Christians and the gay community,” Schmad said. “I don’t think it was a particularly prudent compromise, because we really didn’t get anything out of it.”
According to Schmad, there are “troubling” parts of the Respect for Marriage Act that may open avenues for the federal government to sue “protected classes” for upholding a biblical view of marriage.
“I don’t think there were sufficient protections for religious civil servants, certain categories, religious nonprofits and definitely not private enterprises that aren’t explicitly religious but are run by religious people,” Schmad said.
Malm echoed the shift in acceptance of same-sex marriage throughout the years. He attributed such sentiments to the validity of a heterosexual Republican’s marriage remaining unchanged even after the passage of the Respect for Marriage Act.
“I think that some Republicans have really been able to put themselves in our shoes, especially when it comes to this particular issue,” Malm said. “And I think that they realized that it really just is the right thing.”
Ashley Zhu (she/her) (25C) is from Dallas, Texas, majoring in biology and minoring in sociology. She is the vice president of recruitment for the Residence Hall Association, a sophomore advisor for Raoul Hall and a staff writer for the Emory Undergraduate Medical Review. She is involved in cell biology research at the Pallas Lab and is a BIOL 141 Learning Assistant. Zhu enjoys FaceTiming her dog, stalking people's Spotify playlists and listening to classical music in her free time.
