Senate passes bipartisan same-gender marriage bill

• Legislation protecting same-sex and interracial marriages has been approved by the US Senate.
• The legislation prevents states from refusing “out-of-state marriages” based on sex, race, ethnicity, or national origin.
• It also repeals and replaces federal text defining marriage as between opposite sexes.

The Senate voted 61-36 to enact the Respect for Marriage Act, which protects same-sex and interracial marriages.

Twelve Republicans joined 49 Democrats in approving landmark legislation that prevents states from refusing “out-of-state marriages based on sex, race, ethnicity or national origin”.

The measure “repeals and replaces” federal text defining marriage as between opposite sexes.

Tuesday’s bipartisan success comes as the Democratic-controlled Congress winds down. The bill now returns to the House, which will be under Republican leadership on January 3.

Senate Majority Leader Chuck Schumer, a Democrat, praised the bill’s bipartisan backing and said he’d contact his daughter and her wife to rejoice.

“Today is great for millions of Americans. A milestone. “Long overdue,” Schumer said.

The march toward greater equality continues. By approving this bill, the Senate sends a message to every American: “You deserve dignity and equal treatment under the law, no matter who you are or who you love.”

In the hours before Tuesday’s vote, Senate Republicans like Oklahoma’s James Lankford feared the Respect for Marriage Act would limit religious freedom and sought amendments.

“Is today about recognizing all rights, or is it about suppressing some?” said Lankford.

Gallup found that in 2021, 70% of Americans supported same-sex marriage. Gallup also found that 55% of Republicans supported same-sex marriage, a first.

“Current federal legislation does not reflect the will or values of the American people,” Ohio Republican Rob Portman said on November 16. “States and governments can refuse same-sex weddings under present law.”

Since 2015, Obergefell v. Hodges guarantees same-sex marriage. But unenforced statutes like the 1996 Defense of Marriage Act, which defined marriage as between “one man and one woman,” remained on the books.

The Respect for Marriage Act would repeal the Defense of Marriage Act but not the Obergefell judgment. It would require states to recognize legal marriages and safeguard same-sex partnerships.

The latest drive to enact the Respect for Marriage Act emerged after the Supreme Court eliminated a half-century of abortion access protections in June.

Oregon Democrat Ron Wyden cited the Dobbs judgment in a Senate session on Monday.

Wyden: “Some members have asked why we need to pass this bill when marital equality is the law.” “It’s simple. Dobbs, which reversed Roe v. Wade, established that the Senate can’t assume recent legal precedent.

Justice Samuel Alito’s majority opinion in Dobbs denied the ruling would influence other court precedents.

Justice Clarence Thomas requested the court “reconsider all of this Court’s substantive due process precedents,” including the 2015 Obergefell decision.

Just weeks after the Dobbs ruling, House Democrats enacted the Respect for Marriage Act with 47 Republicans’ support, signaling a rift in Republicans’ views on same-sex marriage.

Kevin McCarthy and Steve Scalise rejected the bill, but New York’s Elise Stefanik supported it.

The Respect for Marriage Act faced tougher odds in the evenly split Senate, where 60 votes were needed to filibuster.

Senate Democrats delayed a vote until after the midterm elections to relieve pressure on Republicans and gain bipartisan support. Republicans asked for measures to safeguard religious liberty.

The bill enacted on Tuesday specifically banned polygamous marriages and promised it couldn’t be used to target or deny government benefits based on religion. 12 Republicans joined Senate Democrats in voting for the modified bill on Monday.

The Church of Jesus Christ of Latter-day Saints (LDS) praised the bill for protecting religious freedom while obeying the law and upholding LGBTQ rights.

Schumer: “It’s notable the Senate is having this debate.” A decade ago, it would have been hard to imagine both sides discussing same-sex marriage.

Lankford and Florida’s Marco Rubio presented bill amendments before Tuesday’s vote.

Republican Portman urged his party to back the Respect for Marriage Act on Tuesday. He dismissed as “false” claims that the bill would expose to litigation “institutions and individuals living according to their truly held beliefs.”

Portman said the bill “reflects a national policy that respects varied ideas about gender and marriage while maintaining same-sex marriage rights.”

Cynthia Lummis of Wyoming said she believes in “God’s message on marriage” but will support the Respect for Marriage Act.

“These are turbulent times,” Lummis remarked, citing harsh language. We do well by respecting each other’s deeply held beliefs, not by embracing or validating them.

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