On the recordNovember 29, 2022
I rise today to underscore the crucial importance of the religious liberty provisions in the Respect for Marriage Act, which was just passed by the Senate, and to ensure the legislative intent behind these provisions is crystal clear. As you know, the U.S. Supreme Court's decision in Obergefell v. Hodges from 2015 established a constitutional right to same-sex marriage. When Obergefell was argued, then-Solicitor General Verrilli was asked whether recognizing a constitutional right to same-sex marriage would lead to churches, religious organizations, and other not-for-profits potentially having their tax-exempt status reconsidered in light of the Supreme Court's decision in Bob Jones University v. United States. Solicitor General Verrilli responded that ``it's certainly going to be an issue.'' In recognizing a constitutional right to same-sex marriage in 2015, the U.S. Supreme Court did not reconsider the Bob Jones University precedent, leaving this issue unresolved. The Respect for Marriage Act, with the substitute amendment that I cosponsored with Senators Sinema, Collins, Baldwin, Portman, and Tillis, answers this question and a number of others, providing strong protections for religious liberty, especially when combined with the Religious Freedom Restoration Act. I want to thank my friend, the Senator from Arizona, for her hard work on this bill and her willingness to address key questions around religious liberty in a thoughtful and bipartisan way.…





