A dozen Republicans voted with all Democrats to advance the legislation, meaning a final vote could come as soon as this week or later this month. Senate Majority Leader Chuck Schumer said the bill to ensure unions are legally recognized under the law is an opportunity for the Senate to “live up to its highest ideals” and protect marriage equality for all people. “It’s going to make our country a better, fairer place to live,” Schumer said, noting that his daughter and her wife are expecting a baby next year. Senate Democrats are moving quickly to pass the bill, while the party still controls the House. Republicans won a majority in the House on Wednesday and are unlikely to take up the issue next year. In a statement after the vote, President Joe Biden said he was signing the bill once it was passed. “Love is love and Americans should have the right to marry the person they love,” Biden said. The bill has gained steady momentum since the Supreme Court’s June decision overturning Roe v. Wade and the federal right to abortion. An opinion at the time by Justice Clarence Thomas suggested that a previous Supreme Court ruling protecting same-sex marriage could also be threatened. The legislation would repeal the Clinton-era Defense of Marriage Act and require states to recognize all marriages that were legal where they were performed. The new Respect for Marriage Act would also protect interracial marriages by requiring states to recognize legal marriages regardless of “sex, race, nationality or national origin.” Congress is moving to protect same-sex marriage as support from the general public — and from Republicans in particular — has surged in recent years since the 2015 Supreme Court decision Obergefell v. Hodges legalized same-sex marriage nationwide. A recent poll showed that more than two-thirds of the public support same-sex unions. However, many Republicans in Congress were reluctant to support the legislation, with many saying it was unnecessary while marriages were still protected by the courts. Democrats delayed consideration until after the midterm elections, hoping that would ease political pressure on some GOP senators who may be wavering. A proposed amendment to the bill, negotiated by supporters to get more Republicans on board, would clarify that it does not affect the rights of individuals or businesses already enshrined in the law. Another tweak would make it clear that a marriage is between two people, an attempt to head off some far-right criticism that the legislation could sanction polygamy. Three Republicans said early they would support the legislation and lobbied their GOP colleagues to support it: Maine Sen. Susan Collins, North Carolina Sen. Thom Tillis and Ohio Sen. Rob Portman. They argued that there was still value in enshrining rights for such marriages even if the courts did not invalidate them. “Current federal law does not reflect the will or beliefs of the American people,” Portman said before the vote. “It’s time for the Senate to sort this out.” In the end, nine of their GOP colleagues joined them in voting for it, bringing the total to twelve and providing enough votes needed to overcome a 50-50 filibuster in the Senate. The other Republicans who voted for the legislation were Sens. Richard Burr of North Carolina, Todd Young of Indiana, Shelley Moore Capito of West Virginia, Mitt Romney of Utah, Joni Ernst of Iowa, Roy Blunt of Missouri, Cynthia Lummis from Wyoming and Lisa. Murkowski and Dan Sullivan of Alaska. The growing Democratic support for the issue is a stark contrast to even a decade ago, when many Republicans strongly opposed same-sex marriage. The legislation passed the House on a vote in July with the support of 47 Republicans — a larger-than-expected number that gave the measure a boost in the Senate. On Tuesday, The Church of Jesus Christ of Latter-day Saints became the latest conservative group to support the legislation. In a statement, the Utah-based faith said church doctrine would continue to view same-sex relationships as contrary to God’s commandments, but would support the rights of same-sex couples as long as they do not violate the right of religious groups to believe as they choose. Wisconsin Sen. Tammy Baldwin, a Democrat who is the first openly gay senator and has worked on gay rights issues for nearly four decades, said the new openness of many Republicans on the issue reminded her of “the beginning of the LBGTQ movement with, the early days when people weren’t out and people knew gay people with myths and stereotypes.” Baldwin said as more individuals and families become visible, hearts and minds have been changed. “And slowly laws followed,” he said. “It’s history.” Schumer said the issue is personal to him as well. “Passing the Respect for Marriage Act is as personal as it is for many senators and their staff, including me,” Schumer said. “My daughter and her wife are expecting a little boy in February. So it’s very important for many of us to do that.”
Associated Press writer Sam Metz in Salt Lake City contributed to this report.
