Senate passes Tammy Baldwin-led same-sex marriage legislation, clearing way for bill to become law
WASHINGTON – The Senate on Tuesday passed a bill that would provide federal protections for same-sex marriages, pushing the measure through a key hurdle and all but ensuring it will become law in the final weeks of a Democratic-controlled Congress.
The legislation, which also codifies interracial marriage protections, cleared the Senate on a 61-36 vote. Twelve Republicans joined Senate Democrats to advance the bill after sponsors amended the legislation to clarify religious liberty protections in an attempt to ease GOP concerns. The amended bill now returns to the House, where it previously passed with the support of 47 Republicans.
"Millions of same-sex and interracial couples made this moment possible by living openly as their authentic selves, changing the hearts and minds of people around them," Wisconsin U.S. Sen. Tammy Baldwin, a lead sponsor of the legislation, said after the vote. "This legislation will protect the hard-fought progress we’ve made on marriage equality and I look forward to the Respect for Marriage Act becoming the law of the land."
Tuesday's vote was a win for supporters of the measure who argue same-sex marriage protections and other rights are at risk following a Supreme Court ruling in June overturning the landmark Roe v. Wade case ensuring federal abortion rights.
What would the Respect for Marriage Act do?
The Respect for Marriage Act would require states to recognize marriages that are considered valid in the state where they were performed but would not mandate states to allow same-sex couples to marry, should the 2015 Obergefell v. Hodges decision that gave same-sex couples the right to marry be overturned. It would also repeal the 1996 Defense of Marriage Act, which defines marriage as between a man and a woman and allows states to not recognize same-sex marriages from other states.
Democrats have put a priority on passing the bill before Republicans regain a slim majority in the House when a new Congress convenes in January. The measure initially faced an uncertain path to law after the House vote, with lawmakers eventually punting debate on the bill to after the midterm elections in order to gather the necessary 10 Republican votes to pass the Senate.
On Tuesday, Senate Majority Chuck Schumer called the legislation "deeply personal" for many and highlighted the bipartisan effort from Baldwin, Arizona Democratic U.S. Sen. Kyrsten Sinema and Republican U.S. Sens. Susan Collins of Maine, Thom Tillis of North Carolina and Rob Portman of Ohio, as well as the Republicans who voted to advance the bill.
"Today we have vindication that the wait was well worth it," Schumer said on the Senate floor hours before the vote. "Because of our work together, tens of millions of Americans will be strengthened under federal law. That's an accomplishment we should all be proud of."
Wisconsin Sen. Tammy Baldwin and bipartisan group made amendment to address religious concerns
Passage of the bill comes as Baldwin and a bipartisan group of colleagues earlier this month amended the measure to address concerns from some Republicans that the legislation would infringe on religious freedoms.
That amendment states that neither the bill nor the amendment “shall be construed to diminish or abrogate a religious liberty or conscience protection otherwise available to an individual or organization under the Constitution of the United States or Federal law.”
Nonprofit organizations like churches, temples, mission organizations and religious educational institutions, the amendment says, “shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage.”
“Any refusal under this subsection to provide such services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action,” the amendment reads. It also aims to clarify worries about polygamy by defining marriage as between two individuals. Polygamy is illegal in every U.S. state.
Following the amendment, a number of religious organizations, including the Church of Jesus Christ of Latter-day Saints, endorsed the bill.
Tammy Baldwin proud of support, but many Republicans like Wisconsin's U.S. Sen. Ron Johnson still oppose legislation
While Baldwin, the Senate's first openly gay member, has said the recent bipartisan support for the effort shows "the growth and support for people in the LGBTQ community," the majority of Republicans in Congress still oppose the legislation.
Many Republicans, including Wisconsin U.S. Sen. Ron Johnson, have said the bill is unnecessary despite a concurring opinion from Justice Clarence Thomas following the overturning of Roe v. Wade that said the court should "reconsider" its previous due process precedents, including the 2015 Obergefell decision.
Johnson, who voted against the bill Tuesday, said earlier this month he would oppose the legislation because the bipartisan amendment "did not provide sufficient protection for those with strongly held religious beliefs and leaves a lane open for discrimination by activist groups, state governments and the IRS."
Johnson said he was supportive of an amendment from Utah Republican U.S. Sen. Mike Lee, but that amendment was rejected prior to a vote on final passage.
With the measure through the Senate, it now heads to the House, where it could see a vote as soon as this week. Proponents of the measure have said they expect it to get more GOP support before it heads to President Joe Biden, who pledged to quickly sign it into law.
"After many doubts that we could even reach this point, we are taking the momentous step forward for greater justice for LGBTQ Americans," Schumer said Tuesday.
Follow Lawrence Andrea on Twitter @lawrencegandrea.
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This article originally appeared on Milwaukee Journal Sentinel: Senate passes Tammy Baldwin-led same-sex marriage legislation