These Are The Republican Senators Who Will Vote To Codify Gay Marriage As A Right

Topline

Five Republican senators have indicated they intend to vote “yes” on a bill the House passed Tuesday to codify same-sex marriage as a right under federal law, but it remains to be seen whether the legislation will have the 10 GOP votes required to overcome the filibuster, as many Senate Republicans decry the bill as a virtue signaling stunt pushed by Democrats after the overturning of Roe v. Wade.

Sen. Susan Collins (R-Maine) speaks on Capitol Hill on February 4, 2021 in Washington. (Photo by … [+] Graeme Jennings-Pool/Getty Images)

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Key Facts

Sen. Susan Collins (R-Maine) is the primary GOP Senate sponsor of the bill, dubbed the Respect for Marriage Act, and Sen. Rob Portman (R-Ohio) signed on this week as a cosponsor.

Sen. Thom Tillis (R-N.C.) told Axios he’s “voting for it,” and expressed confidence there will be enough votes to break the filibuster.

Sen. Ron Johnson (R-Wis.) released a statement Thursday saying he believes the bill is “unnecessary,” before adding “I see no reason to oppose it.”

Sen. Lisa Murkowski (R-Alaska) told media outlets she would like to review the specifics of the bill, but she has expressed support in the past for codifying the right of same-sex couples to marry.

Contra

Eight Republican senators suggested they will vote “no,” according to a CNN survey: Ted Cruz (Texas), Lindsey Graham (S.C.), Marco Rubio (Fla.), Josh Hawley (Mo.), John Cornyn (Tex.), Bill Cassidy (La.), Roger Wicker (Miss.) and Jim Inhofe (Okla.). Many other Republican senators have said publicly that they have not reviewed the bill and do not consider the legislation a priority.

What To Watch For

The bill has not been brought to the Senate floor and no vote has been scheduled. The Senate is scheduled to go on recess from August 8 until September 6, its longest break of the year.

Key Background

Many Democratic lawmakers and LGBTQ activists expressed concern about the future of same-sex marriage rights after Supreme Court Justice Clarence Thomas wrote a concurrent opinion attached to the overturning of Roe v. Wade stating Obergefell v. Hodges, a landmark 2015 ruling that legalized same-sex marriage nationwide, should also be reviewed. Thomas did not speak for the court, though. In the majority opinion, Justice Samuel Alito wrote that rulings like Obergefell are completely separate from Roe since they do not concern questions of life. Still, House Democrats pressed forward with the bill to codify same-sex marriage rights, which passed the chamber in a 267-157 vote Tuesday, with 47 Republicans joining all 220 House Democrats in support. The top two House Republicans—Minority Leader Kevin McCarthy (R-Calif.) and Minority Whip Steve Scalise (R-La.)—voted “no” on the bill. The Respect for Marriage Act would repeal the 1996 Defense of Marriage Act, which passed Congress with broad support and defined marriage as “only a legal union between one man and one woman.” Former President Bill Clinton signed the legislation into law.

Surprising Fact

Rep. Scott Perry (R-Pa.), the chairman of the hard-right House Freedom Caucus, voted “yes” to codify same-sex marriage rights. The House Freedom Caucus, however, is urging Senate Republicans to vote against the bill.