Senate approves historic legislation to protect same-sex marriages

"What a great day," Chuck Schumer said as rare applause broke out on the floor.

November 29, 2022, 6:21 PM

The Senate on Tuesday approved legislation to codify protections for lawful same-sex and interracial marriages, marking a historic win for Democrats anxious to secure the rights amid growing concern that a conservative Supreme Court majority could take them away.

The final vote was 61 to 36.

"What a great day," Senate Majority Leader Chuck Schumer said soon after as rare applause broke out on the floor.

The Respect for Marriage Act had been largely expected to pass after it earned essential support from 12 Republicans during a key test vote just before Thanksgiving, putting it on a glide path to President Joe Biden's desk later this month. The bill next heads to the House, which is expected to vote on it next week -- as early as Tuesday -- before Biden signs it.

Codifying same-sex marriage into federal law became a top priority for Democrats in light of the Supreme Court's decision in June to overrule its 1973 Roe v. Wade decision guaranteeing a constitutional right to abortion nationwide.

In floor remarks Tuesday afternoon, Schumer celebrated the bill, which he said ensures rights of LGBTQ people won't be "trampled."

"In many ways, the story of America has been a difficult, but inexorable march toward greater equality. Sometimes we've taken steps forward, other times, unfortunately, we've taken disturbing steps backward, but today, after months of hard work, after many rounds of bipartisan talks, and after many doubts that we could even reach this point, wea re taking the momentous step forward for greater justice for LGBTQ Americans," Schumer said.

PHOTO: Senate Majority Leader Chuck Schumer, speaks to reporters at the Capitol in Washington, Nov. 15, 2022.
Senate Majority Leader Chuck Schumer, speaks to reporters at the Capitol in Washington, Nov. 15, 2022.
J. Scott Applewhite/AP, FILE

Schumer and other Democrats have argued that a concurring opinion by Justice Clarence Thomas in the June decision, in which he said the court "should reconsider" granting a nationwide right to gay marriage, put the rights of LGBTQ Americans in question.

For Schumer, and other senators with loved ones who are a part of the LGBTQ community, the matter is personal. Schumer's daughter is married to her wife. On Tuesday, he appeared on the Senate floor wearing a tie that he said he wore at his daughter's wedding.

Schumer said that after Justice Ruth Bader Ginsburg died two years ago, his daughter was concerned her marriage could be in jeopardy. Now, two years later, and with the Congress poised to act, his daughter is expecting a child.

"I want them to raise their child with all the love and security that every child deserves," Schumer said. "And the bill we are passing today will ensure their rights won't be trample upon simply because they're in a seame-sex marriage."

The Respect for Marriage Act would "require the federal government to recognize a marriage between two individuals if the marriage was valid in the state where it was performed," according to a summary from the bill's sponsors, including Congress' first openly bisexual woman in the Senate, Kyrsten Sinema, D-Ariz., along with Susan Collins, R-Maine, Rob Portman, R-Ohio, and Thom Tillis, R-N.C.

PHOTO: In this June 12, 2021, file photo, people attend a Capital Pride rally at Freedom Plaza to celebrate the LGBTQ community, in Washington, D.C.
In this June 12, 2021, file photo, people attend a Capital Pride rally at Freedom Plaza to celebrate the LGBTQ community, in Washington, D.C.
Tom Williams/CQ Roll Call via AP Images

The bill would not require any state to issue a marriage license contrary to its laws but would mandate that states recognize lawfully granted marriages performed in other states, including same-sex and interracial unions.

The legislation comes after months of behind the scenes coalition building between Democrats and a group of Republican negotiators. While it will have the GOP support to pass Tuesday, it is expected to be opposed by a large contingent of Republicans, some who have deemed it unnecessary.

"I think it's pretty telling that Sen. Schumer puts a bill on the floor to reaffirm what is already a constitutional right of same-sex marriage, which is not under any imminent threat, and continues to ignore national security and not take up the defense authorization bill," said Sen. John Cornyn, R-Texas, said earlier this month.

During the pre-Thanksgiving test vote, Senate Republican Leader Mitch McConnell voted with the majority of his party to oppose the bill.

After the legislation's expected Senate passage Tuesday, it will need to be sent back to the House for final approval.

The House passed a similar version of this legislation earlier this year, with 47 Republicans supporting it. The Senate version includes new language to ease some GOP concerns about religious freedom. The House is expected to swiftly pass it and send it on to Biden's desk.

ABC News' Trish Turner contributed to this report

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