US Senate advances in protection of interracial same-sex marriages

United States senators took a key step to protect same-sex and interracial marriages Wednesday by advancing the Respect for Marriage Act, 62-37, to a final vote.

Twelve Republicans voted to advance the legislation, which will head to President Joe Biden’s desk to become law after final passage in the US House of Representatives.

The legislation would repeal the Defense of Marriage Act of 1996 that defines marriage as between a man and a woman under federal law. It would also require states to recognize same-sex and interracial marriages performed in other states, though it would not prevent states from passing laws banning such marriages.

“This legislation unites Americans,” Democratic Sen. Tammy Baldwin, one of the bill’s sponsors and the first openly gay woman elected to the US Senate, said Wednesday.

“With the Respect Marriage Act, we can ease the fear millions of same-sex and interracial couples have that their liberties and rights could be stripped by passing this bill. We are guaranteeing same-sex and interracial couples, regardless of where they live, that their marriage is legal and that they will continue to enjoy the rights and responsibilities afforded to all other marriages.”

abortion ruling

The United States Supreme Court legalized same-sex marriage at the federal level in Obergefell v. Hodges of 2015. But the Dobbs v. Jackson in June striking down abortion rights at the federal level raised concerns about federal protections for other rights.

In his concurring opinion in Dobbs v. Jackson, Associate Justice Clarence Thomas wrote that the court should reconsider other decisions based on the right to privacy, such as guarantees of the right to marry or the right to use birth control, arguing that the US Constitution does not guarantee those rights. Thomas’ opinion raised widespread concern that the court would next move to strike down the right to same-sex marriage. A bipartisan group of senators worked on the Respect for Marriage Act to address this possibility.

A version of the legislation passed the US House of Representatives earlier this year with the support of 47 Republicans.

Republican Sen. Marco Rubio, who was re-elected last week to represent the southeastern state of Florida, told earlier this year that the bill was “a stupid waste of time.”

Liberty Counsel, a nonprofit organization that promotes religious freedom, said in a statement Tuesday that the Respect for Marriage Act was unconstitutional and provided “no protection for religious individuals or organizations, and subsequent amendments to the bill they exclude a large percentage of constitutionally recognized people.” and legally protected religious organizations.”

But Republican Sen. Susan Collins, another cosponsor of the legislation, told the Senate floor Wednesday that concerns about religious freedom were a false argument.

“This legislation would make it clear in federal law that religious nonprofit organizations and religious educational institutions cannot be compelled to participate in or support the solicitation or performance of marriages that are contrary to their religious beliefs,” he said.

In a May 2022 Gallup poll, 71% of Americans said they supported same-sex marriage. Only 27% supported it when the poll was first conducted in 1996.

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