Senate Passes Same-Sex Marriage Protection Bill In Bipartisan Vote

Topline

The U.S. Senate passed a bill granting new federal protections for same-sex marriages Tuesday afternoon, sending the bill to the House after a 61-36 bipartisan vote, fulfilling a promise by Democrats to approve the legislation before Republicans take control of the lower chamber next year.

Key Facts

The Respect for Marriage Act would mandate federal benefits, such as Social Security and health care, for same-sex couples and also require states to recognize same-sex marriages performed in other states.

The legislation would repeal the 1996 Defense of Marriage Act, which states that marriage is between a “man and a woman,” effectively denying federal benefits to same-sex couples.

Congress introduced the legislation following the Supreme Court’s reversal of Roe v. Wade earlier this year, when Justice Clarence Thomas suggested that rulings granting the right to same-sex marriage and access to abortion could also come under review.

The legislation passed the House in July, but was put on hold in the Senate to give Democrats more time to recruit the 10 Republican votes expected to be needed to avoid a filibuster.

What To Watch For

Since the bill was amended, it will need to be sent back to the House for final approval before President Joe Biden can sign it into law. In an effort to garner Republican support, the Senate changed the legislation to clarify that religious organizations that do not support same-sex marriage would not lose their tax-exempt status. A provision declaring that marriage is between two individuals was also added to appease Republicans who raised concerns it would encourage polygamy. The Senate signaled earlier this month that it had netted enough GOP support to avoid a filibuster when it voted 62-37 to move the bill to the floor for debate.

Chief Critic

Conservatives lawmakers and organizations have claimed that the legislation could expose nonprofits and religious-affiliated organizations to lawsuits and threaten their tax benefits. However, the bill explicitly states the legislation only applies to​​ “those acting under color of state law,” legal terminology widely used to refer to government officials.

Key Background

The legislation would not require states to formally legalize same-sex marriage, but all 50 states are currently required to allow same-sex marriage under the Supreme Court’s 2015 Obergefell v. Hodges ruling that determined gay marriage was a constitutional right. However, 35 states still have laws on the books that prohibit same-sex marriage, according to Pew Charitable Trusts, and they could be triggered back into effect if the Supreme Court overturns Obergefell. Democrats pushed Congress to explicitly protect same-sex marriages earlier this year, after the Supreme Court’s reversal of Roe v. Wade sparked concerns that other decisions like Obergefell could be threatened. Justice Samuel Alito, who wrote the majority opinion overturning Roe, said the court’s ruling doesn’t impact Obergefell, but Justice Clarence Thomas wrote a concurring opinion arguing the high court should consider overturning same-sex marriage protections.

Further Reading

Ads Attacking Same-Sex Marriage Bill Will Air During Thanksgiving NFL Games–But Here’s What They Get Wrong (Forbes)

Senate Votes To Protect Same-Sex Marriages (Forbes)

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