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 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 are on the verge of winning the House majority and would be unlikely to take up the issue next year.

The bill has gained momentum since the Supreme Court’s June decision that overturned Roe v. Wade and the federal right to an abortion. An opinion from Justice Clarence Thomas suggested that an earlier high court decision protecting same-sex marriage could also come under threat.

The bill 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 same-sex unions.

Still, many Republicans in Congress have been reluctant to support the bill, 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.

Three Republicans said early on that they would support the bill and have lobbied their GOP colleagues: Maine Sen. Susan Collins, North Carolina Sen. Thom Tillis and Ohio Sen. Rob Portman. They argued that there was still value in enshrining the rights for such marriages even if the courts don’t invalidate them.