Bipartisan Senate Group Says It Has The Votes To Codify Same-Sex And Interracial Marriage

Topline

A bipartisan group of Senators says it has enough votes to codify into law the rights to same sex and interracial marriage after many became worried about the protection of the right to marriage equality—which is only enshrined by a Supreme Court decision—when the right to abortion was struck down earlier this year.

Key Facts

The Senators said Monday they crafted legislation that “fully respects and protects Americans’ religious liberties and diverse beliefs, while leaving intact the core mission of the legislation to protect marriage equality.”

Passage of the bill, called the “Respect For Marriage” act will require the support of at least 10 Republicans to prevent a filibuster.

The announcement came from Sens. Rob Portman (R-OH), Tammy Baldwin (D-WI), Susan Collins (R-ME), Kyrsten Sinema (D-AZ) and Thom Tillis (R-NC).

The Senate could vote on the legislation as soon as this week, while the House passed a version of the bill in July, meaning the bill could be signed into law within weeks.

Crucial Quote

“The Respect for Marriage Act is a needed step to provide millions of loving couples in same-sex and interracial marriages the certainty that they will continue to enjoy the freedoms, rights, and responsibilities afforded to all other marriages,” the senators said in a statement.

Key Background

The Supreme Court in June voted on the case Dobbs v. Jackson Women’s Health Organization, overruling the constitutional right to abortion allowed by Roe. v. Wade in 1973. In his opinion, conservative Justice Clarence Thomas wrote that other past rulings should be reconsidered, including Obergefell v. Hodges, which created the right to same-sex marriage in 2015. In July, the House approved the Respect For Marriage Act ,with unanimous support from Democrats and from 47 Republicans. The Senate delayed voting on the act in September until after the midterm elections, as support from Republicans was uncertain.

What To Watch For

Congress began its final session on Monday before new members join its ranks in January, and Democrats could try to pass a flurry of legislation during the lame duck session.

Further Reading

Clarence Thomas: Court Should Reconsider Gay Marriage, Birth Control Decisions Next After Overturning Roe (Forbes)

House Will Vote On Protecting Same-Sex Marriages In Light Of Supreme Court Ruling (Forbes)

Same-Sex Marriage Bill Delayed Until After Midterms Amid Uncertain GOP Support (Forbes)