The U.S. Senate is poised to vote on a bill that would codify same-sex marriage into law in the coming weeks, a move Democrats put off until after the midterm elections, and one of the lead negotiators on the bill told Spectrum News she is "very confident" the measure will get bipartisan support.
A vote on the amended Respect for Marriage Act will be just one of the Senate’s many priorities before the next Congress is sworn in on Jan. 3, 2023, typically known as the “lame duck” period, a list that this year will include funding the government, addressing the debt ceiling and a bill to address electoral certification reform.
The House of Representatives passed their version of a bill legalizing same-sex marriage in July, with 47 Republicans joining all present Democrats to pass the measure.
But the legislation, which will need the support of at least 10 Republicans to pass the Senate, has languished in the months since. In mid-September, Senate Democrats said they would delay a vote on the issue until after the midterm elections.
The Senate version of the bill has already secured at least three votes from Republicans. On Monday, Sen. Rob Portman, R-Ohio, Sen. Susan Collins, R-Maine, and Sen. Thom Tillis, R-N.C., joined Democrats Sen. Tammy Baldwin, D-Wis., and Sen. Kyrsten Sinema, D-Ariz., to announce an amendment that “fully respects and protects Americans’ religious liberties and diverse beliefs, while leaving intact the core mission of the legislation to protect marriage equality.”
In an interview with Spectrum News on Tuesday, Sen. Baldwin – one of the lawmakers leading negotiations on the bill in the Senate – said in part: "I have always felt very confident that we have a strong bipartisan vote that we can deliver in favor of the Respect for Marriage Act and the substitute amendment."
Baldwin added that lawmakers had worked together in the months since the House passed their version of the bill to assuage the fears of some Senate Republicans over religious liberties and other issues.
"The amended language was put together in consultation with precisely those Republicans," Baldwin told Spectrum News, adding that the bipartisan coalition "wanted to address concerns of Republican members who were deeply inclined to support the Respect for Marriage Act, but had concerns or questions.
"To be able to provide additional clarity, I think, has gotten us to a really strong place coming into that vote," she said.
Senate Majority Leader Chuck Schumer, D-N.Y., who will likely be voted to retain his position in the 118th Congress, on Monday said the chamber will “vote on the Respect for Marriage Act in the coming weeks so that no American is discriminated against because of whom they love.”
Schumer cited the Supreme Court’s decision to overturn the federal right to abortion as reason for the vote, saying Justice Clarence Thomas’ concurring opinion – in which the justice wrote the court should “reconsider” a number of other key rulings, including landmark decisions that granted a right to contraception and same-sex marriage – means those rights might be next on the chopping block.
“The Senate has a responsibility now to act,” Schumer said in part, noting that a host of his colleagues have “worked for months to build bipartisan support for this legislation.”
The bipartisan group of senators called the legislation a “narrow but important bill” whose primary goal is two-pronged; first, to require the federal government to recognize marriages by law should they be legal in the state in which they were performed, and to “guarantee that valid marriages between two individuals are given full faith and credit, regardless of the couple’s sex, race, ethnicity, or national origin.”
The bill does not, however, require states to change their laws in order to issue marriage licenses. It also ensures that religious non-profits will not be required to facilitate marriages that go against their beliefs, and further makes clear “that the bill does not require or authorize the federal government to recognize polygamous marriages.”
Senators added clarifying language that would prevent the bill “from being used to diminish or repeal” any religious liberty provisions awarded in the Constitution or under federal law, and states that an organization’s tax-exempt status may not be altered under the bill, provided that status “does not arise from a marriage.”
“For instance, a church, university, or other nonprofit’s eligibility for tax-exempt status is unrelated to marriage, so its status would not be affected by this legislation,” lawmakers wrote.
The legislation has reportedly picked up at least one additional Republican vote in the day since Schumer announced his intent to bring the bill to the floor for a vote. Sen. Mitt Romney, R-Utah, told The Hill on Tuesday that he would "like to get onto the bill" so long as religious liberties are protected.
“If that amendment is attached to the bill, I’ll vote for it," Romney added.
Sen. Mike Braun, R-Ind., was on the fence during a conversation with Spectrum News when asked whether he would support the bill with its amended language, saying: "If Mike Lee's amendment is in there that protects some of the things for religious freedom, yes. But I don't think there's gonna be any amendment votes, possibly."
Baldwin added that a procedural vote on the measure will likely take place on Wednesday, though subsequent timing on final votes and passage "remains a little bit up in the air."
For now, it remains unclear if the legislation will gain the necessary seven additional GOP votes needed to clear the chamber. Spectrum News has reached out to a number of Republican Senators for comment.