Senate to vote on bill to protect all marriages

Legislation gained support after right to abortion ended.

The Sen- ate was planning to vote Tuesday on bipartisan legislation to protect same-sex and interracial marriages, moving Congress closer to passing the landmark bill and ensuring that such unions are enshrined in federal law.

The expected passage of the legislation with support from both parties is an extraordinary sign of the shifting politics on the issue and a measure of relief for the hundreds of thousands of same-sex couples who have married since the Supreme Court’s 2015 Obergefell v. Hodges decision that legal- ized gay marriage nation- wide. Senate Democrats are moving quickly, while the party still holds the major- ity in both chambers of Congress, to send the bill to the House and eventually Pres- ident Joe Biden’s desk.

The bill has gained steady momentum since the Supreme Court’s June deci- sion that overturned the federal right to an abortion, and comments from Justice Clar- ence Thomas at the time that suggested same-sex marriage could also come under threat. Bipartisan Senate negotiations kick-started this summer after 47 Republicans unexpectedly voted for a House bill and gave supporters optimism.

The legislation would not codify the Obergefell decision or force any state to allow same-sex couples to marry. But it would require states to recognize all marriages that were legal where they were performed, and protect current same-sex unions, if Obergefell were to be overturned. It would also protect interracial marriages by requiring states to recognize legal marriages regardless of “sex, race, ethnicity, or national origin.”

“The rights of all married couples will never truly be safe without the proper protections under federal law, and that’s why the Respect for Marriage Act is necessary,” Majority Leader Chuck Schumer, D-N.Y., said on the Senate floor before a test vote.

Passage of the legislation would be a major victory for Democrats as they usher out their two years of consolidated power in Washington, and a massive win for advocates who have been pushing for decades for federal legislation legalizing same sex marriages. It also comes as members of the LGBTQ community have faced violent attacks, such as the shooting last weekend at a gay nightclub in Colorado that killed five people and injured at least 17.