Same-sex marriage legislation clears key Senate hurdle

WASHINGTON >> Legislation to protect same-sex and interracial marriages crossed a major Senate hurdle Wednesday, putting Congress on track to take the historic step of ensuring that such unions are enshrined in federal law.

Twelve Republicans voted with all Democrats to move forward on 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 ensuring the unions are legally recognized under the law is chance for the Senate to “live up to its highest ideals” and protect marriage equality for all people.

“It will make our country a better, fairer place to live,” Schumer said, noting that his own daughter and her wife are expecting a baby next year.

Senate Democrats are quickly moving to pass the bill while the party still controls the House. Republicans won the House majority Wednesday and are unlikely to take up the issue next year.

In a statement after the vote, President Joe Biden said that he sign the bill once it is 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 that overturned Roe v. Wade and the federal right to an abortion. An opinion at that time from Justice Clarence Thomas suggested that an earlier high court decision protecting same-sex marriage could also come under threat.

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, ethnicity, or national origin.”

Congress has been moving to protect same-sex marriage as support from the general public — and from Republicans in particular — has sharply grown in recent years, as the Supreme Court’s 2015 Obergefell v. Hodges decision legalized gay marriage nationwide. Recent polling has found more than two-thirds of the public supports samesex unions.

Still, many Republicans in Congress have been reluctant to support the legislation, with many saying it was unnecessary while the marriages are still protected by the courts. Democrats delayed consideration until after the midterm elections, hoping that would relieve political pressure on some GOP senators who might be wavering.