What the Respect for Marriage Act Means for Churches

Bipartisan law confirms and protects certain religious liberties.

Richard R. Hammar, Attorney, CPA
Bio

Congress recently enacted the Respect for Marriage Act (RMA) and it has two primary purposes.
Writing for Church Law & Tax, religious liberty scholar Thomas Berg says RMA offers potentially valuable protections for the future while attorney Erik Stanley urges caution.
  1. It requires the federal government to recognize
    a marriage between two individuals if the marriage was valid in the state where it was performed.
  2. It guarantees that valid marriages between two individuals are given full faith and credit, regardless of the couple’s sex, race, ethnicity,
    or national origin, but the bill would not require
    a state to issue a marriage license contrary to state law.These two purposes will have little, if any, effect on churches.

Dig a little deeper with the help of Church Law & Tax’s legal library to gain more insight on the clergy’s authority to perform marriages, along with the legal rights and requirements to do so. For full access to this and other critical resources, consider subscribing to Church Law & Tax today.

This conclusion is underscored by a bipartisan amendment to the RMA that:
    • Confirms that churches will not be required to provide any services, facilities, or goods for the solemnization or celebration of a marriage.
In a guest opinion column for Christianity Today, constitutional scholar and University of Missouri law professor Carl Esbeck called the RMA “a modest but good day’s work,” on the part of Congress while highlighting for readers several key characteristics of the legislation, including its religious liberty protections.
  • Guarantees that the Act may not be used to deny or alter any benefit, right, or status of an otherwise eligible person or entity – including tax-exempt status, tax treatment, grants, contracts, agreements, guarantees, educational funding, loans, scholarships, licenses, certifications, accreditations, claims, or defenses – provided that the benefit, right, or status does not arise from a marriage. For instance, a church’s eligibility for tax-exempt status is unrelated to marriage, so its status would not be affected by this law.
Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

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