Poop B

Are there any shortcomings in the legislation?


This legislation doesn’t require states to issue marriage licenses for same-sex couples. Under the Supreme Court’s 2015 decision in Obergefell v. Hodges, states currently have to do that because the Supreme Court decided that not issuing those licenses violates the U.S. Constitution. But if that decision is overruled by a right-wing court, it’s harder to force states to issue marriage licenses to same-sex couples.


This law gets partially around the problem by requiring that those states recognize marriages that were entered into someplace else – but that creates barriers for people who don’t have money to travel in order to get married somewhere else. In a small state like New Jersey that’s adjacent to a lot of other states, it can be hard to imagine why this would be a big deal. But imagine if you’re low-income and live in the middle of a large, conservative state like Texas. This hole in the legislation turns into a real economic justice problem, where poor people can’t access the rights they’re allegedly entitled to because they simply can’t afford the costs of access.

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