Karen Peterson didn’t think the legality of her marriage was in jeopardy.
She and her wife have been married since Delaware legalized same-sex marriage in 2013, and their marriage has since been recognized at the national level for over seven years.
But now, with Roe v. Wade overturned and the court case that nationally enshrined same-sex marriage explicitly mentioned in the court’s opinion, Peterson and many other LGBTQ Americans fear their right to marriage will be next on the Supreme Court’s chopping block.
The Respect for Marriage Act, which passed out of the U.S. Senate after a historic vote on Tuesday, would offer a layer of protection for same-sex and interracial couples in the event that Obergefell v. Hodges — the case that legalized same-sex marriage nationwide — is overruled. However, it does not require states to officiate same-sex marriages — only that they recognize the legality of the marriages performed in other states.
But what does that mean for Delaware?
BACKGROUND:Senate passes landmark legislation protecting same-sex marriage rights: recap
Same-sex marriage: Safe in the First State
Because same-sex marriage is protected in Delaware’s state code, same-sex couples can continue to get married in the First State even if the Supreme Court decision is overturned.
As U.S. Sen. Tom Carper put it, one’s “right to marry the one they love and the one who loves them … (has) been widely embraced in Delaware.”
Carper visited LGBTQ nonprofit CAMP Rehoboth on Friday to celebrate the passage of the Respect for Marriage Act in the Senate. He was joined by CAMP Rehoboth Vice President Leslie Ledogar, who called the act a “legislative milestone.”
“It’s just so critical on so many levels,” Ledogar said.
MORE:LGBTQ community celebrates pride, resiliency in face of new attacks on rights
As a former attorney, Ledogar, like many others, operated under the understanding that certain legal precedents — such as the right to get an abortion — were enshrined in law. So to see that ruling overturned and a justice’s “willingness to go that down that road was really quite frightening,” she said.
Ledogar married her wife in Delaware in 2019. With the Respect for Marriage Act in place, her marriage and the legal protections that come with it will continue to be recognized in any state the couple may visit or move to, regardless of whether that state allows same-sex marriage.
This guarantee may draw more people to get married in states like Delaware in the future, she said.
“People long to have their relationships honored,” said the Rev. Patricia Downing, who officiated Delaware’s first religious same-sex union in 2012. “They will find ways to do that. And if that means coming to Delaware, God bless them.”
More than legal rights at stake
The potential reversal of the national legalization of same-sex marriage also has implications beyond the legal sphere.
David Mariner, the founder and director of Sussex Pride, said such a decision would affect “how (LGBTQ people) are perceived in the world.”
It could be especially damaging to younger members of the LGBTQ community, who are continuing to see their rights “being debated rather than being guaranteed.”
RELATED:Why transgender athletes’ futures are being decided by politicians in Delaware
Like recent legislation restricting the access of transgender youth to gender-affirming health care, narrowing marriage equality may also motivate couples and families to move to states with greater protections.
And while the Respect for Marriage Act is still worth celebrating, its necessity is troubling to many members of the LGBTQ community.
“It’s a shame that we have to shore up these rights that have been given to us under the Constitution,” Peterson said. “It’s just a shame.”
The House of Representatives is expected to vote on the Respect for Marriage Act this week.
Send story tips or ideas to Hannah Edelman at hedelman@delawareonline.com. For more reporting, follow them on Twitter at @h_edelman.
