Senate Votes To Protect Same-Sex Marriages

Topline

The Senate voted to move forward with landmark legislation that would codify protections for same-sex and interracial marriages, putting it on a path to become law before a Republican-led House could kill the legislation next year and give the conservative-majority Supreme Court an opportunity to strike down previous rulings that protect same-sex marriages.

Same-sex marriage supporter Vin Testa, of Washington, DC, waves a rainbow pride flag near the … [+] Supreme Court on April 28, 2015, in Washington, DC, before the Supreme Court heard arguments concerning whether same-sex marriage is a constitutional right. (Drew Angerer/Getty Images)

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Key Facts

The Senate voted 62-37 on Wednesday in a procedural vote that will move the legislation to the floor for debate, with Democrats securing 12 Republican votes to reach the 60-vote threshold to resist a GOP filibuster.

The “Respect for Marriage Act” would repeal the 1996 Defense of Marriage Act that declares marriage is between a man and a woman, and enshrine federal protections for same-sex and interracial marriages into law.

The new legislation would require the federal government to grant the same privileges to married couples of the same-sex that it currently offers opposite-sex couples, including benefits related to Social Security, health care and taxes.

In an effort to recruit more Republican votes, the latest version of the law was amended to clarify religious organizations that oppose same-sex marriage will not lose their tax-exempt status.

Contra

While the federal government can require states to recognize same-sex marriages performed in other states, it can not require states to pass laws. This leaves open the possibility that the Supreme Court could overturn the Obergefell ruling, restoring laws in 35 states that ban same-sex marriage, according to Pew Charitable Trusts.

What To Watch For

Once the bill formally passes the Senate, it will be sent back to the House for final approval, which could come as soon as the end of the week.

Key Background

The bill gained traction in July after the Supreme Court overturned the 1973 Roe v. Wade ruling that made abortion a federally protected right. Upon issuing the June ruling, Justice Clarence Thomas suggested the same precedent could be applied to Supreme Court rulings that found portions of the Defense of Marriage Act that allowed states to ban same-sex marriages and the federal government to refuse to recognize them were unconstitutional. In addition to requiring the federal government to recognize same-sex marriages, the Respect for Marriage Act would repeal portions of the 1996 law that allows states to refuse to recognize same-sex marriages performed in other states. The House in July, with the support of 47 Republicans, voted in favor of the bill, but Senate leaders said they would hold off on a vote until after the midterm election, giving them more time to recruit the 10 Republican votes needed to avoid a filibuster. In an effort to draw more GOP votes, the bill was amended to clarify that marriage is between two individuals, a move aimed at quelling Republican criticism that it could encourage polygamy. Since the bill was amended, it will need to be sent back to the House for approval.

Surprising Fact

The Church of Latter-day Saints on Tuesday joined other conservative-leaning groups in expressing support for the legislation. The church said it would continue to view same-sex marriage as a violation of church rules, but back the Respect for Marriage Act as long as it does not intervene with the right to religious liberty.

Crucial Quote

“While I believe in traditional marriage, Obergefell is and has been the law of the land upon which LGBTQ individuals have relied,” Sen. Mitch Romney (R) said Wednesday, announcing he will vote in favor of the bill in a statement that also noted the protections the legislation offers to religious organizations who do not support same-sex marriage.