Controversial Marriage Bill Wins Senate Passage

WASHINGTON — The Senate passed bipartisan legislation Tuesday to protect same-gender unions, an extraordinary sign of shifting national politics on the issue.

The bill, which would ensure that such unions are enshrined in federal law, was approved 61-36 on Tuesday, including support from 12 Republicans.

Democrats are moving quickly, while the party still holds the majority in both chambers of Congress, to send the bill to the House and then — they hope — to President Joe Biden’s desk. The bill has gained steady momentum since the Supreme Court’s June decision that overturned Roe v Wade, a ruling that included a concurring opinion from Justice Clarence Thomas that suggested other laws could also come under threat. Bipartisan Senate negotiations got a kick-start this summer when 47 Republicans unexpectedly voted for a House bill.

The legislation would not force any state to allow such unions, but it would require states to recognize all marriages that were legal where they were performed, and protect them if the court’s 2015 Obergefell v. Hodges decision were to be overturned.

The bill would also protect interracial marriages by requiring states to recognize legal marriages regardless of gender, race, ethnicity or national origin.

A new law would be a major victory for Democrats as they relinquish their two years of consolidated power in Washington, and a massive win for advocates who have been pushing for decades for federal legislation.

With conservative Justice Amy Coney Barrett replacing Ginsburg, the court has now overturned Roe v. Wade, stoking fears about Obergefell and other rights protected by the court.

Passage came after the Senate rejected three Republican amendments to protect the rights of religious institutions and others to still oppose such unions. Supporters of the legislation argued those amendments were unnecessary because the bill had already been amended to clarify that it does not affect rights of private individuals or businesses that are currently enshrined in law. The bill would also make clear that the legislation could not endorse polygamy.

Most Republicans still oppose the legislation, saying it is unnecessary and citing concerns about religious liberty. And some conservative groups stepped up opposition in recent weeks, lobbying Republican supporters to switch their votes.

In an effort to win the 10 Republican votes necessary to overcome a filibuster in the 50-50 Senate, Democrats delayed consideration until after the midterm elections, hoping that would relieve political pressure on GOP senators who might be wavering.

Eventual support from 12 Republicans gave Democrats the votes they needed.

Along with Tillis, Maine Sen. Susan Collins and Ohio Sen. Rob Portman supported the bill early on and have lobbied their GOP colleagues to support it. Also voting for the legislation in two test votes ahead of passage were Republican 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 of Wyoming and Lisa Murkowski and Dan Sullivan of Alaska.

Reporting by AP