Senate Majority Leader Chuck Schumer announced a renewed push to protect same-sex marriage in federal law on Wednesday after a surprising number of House Republicans helped pass landmark legislation in that chamber. Some GOP senators are already signaling support.
The legislation started as an election-season political effort to confront the new Supreme Court majority after the court overturned abortion access in Roe v. Wade, raising concerns that other rights were at risk. But suddenly it has a shot at becoming law. Pressure is mounting on Republicans to drop their longstanding opposition and join in a bipartisan moment for gay rights.
“This legislation was so important,” Schumer said as he opened the Senate Wednesday.
The Democratic leader marveled over the House's 267-157 tally with 47 Republicans — almost one-fifth of the GOP lawmakers — voting for the bill late Tuesday.
“I want to bring this bill to the floor,” Schumer said, “and we're working to get the necessary Senate Republican support to ensure it would pass.”
Political odds are still long for the legislation, the Respect for Marriage Act, which would enshrine same-sex and interracial marriages as protected under federal law. Conservatives including House GOP leaders largely opposed the bill, and the vast majority of Republicans voted against it.
But in a sign of shifting political attitudes and a need for an election-year win, some Republicans are signaling there may be an opening. Few Republicans spoke directly against gay marriage during Tuesday's floor debate in the House. And Senate Republican leader Mitch McConnell was notably silent when asked about the bill, saying he would take a look if it comes to the Senate.
“I'm going to delay announcing anything on that issue,” McConnell said, adding he would wait to see if Schumer brings it forward.
So far, the legislation has just two Senate Republican co-sponsors, Susan Collins of Maine and Rob Portman of Ohio. Lisa Murkowski of Alaska and Thom Tillis of North Carolina are among others closely watched for possible support.
In all 10 Republican senators would need to join with all Democrats to reach the 60 vote threshold to overcome a GOP filibuster.
"It’s always possible," Sen. Dick Durbin, D-Ill., the party's assistant leader, said Tuesday. But time is growing short, he said.
The No. 2 Republican, Sen. John Thune of South Dakota, was doubtful, calling the proposed legislation little more than a political message.
Social issues including same-sex marriage and abortion have sprinted to the top of the congressional agenda this summer in reaction to the Supreme Court's action overturning Roe v. Wade, a stunning ruling that ended the nearly 50-year-old constitutional right to abortion access. It set off alarms that other rights conservatives have targeted could be next.
While Justice Samuel Alito, writing for the majority, insisted the Roe v. Wade ruling pertained only to abortion access, it demonstrated the new conservative muscle with three Trump-era justices tipping the court's balance. A concurring opinion by Justice Clarence Thomas, who has gained stature in the new majority, raised questions about gay marriage and other rights.
"We take Justice Thomas – and the extremist movement behind him – at their word," said Speaker Nancy Pelosi during the House debate. “This is what they intend to do.”
Both Pelosi and Schumer criticized Sen. Ted Cruz, R-Texas, who said over the weekend that the Supreme Court’s 2015 Obergefell vs. Hodges decision upholding gay marriage was “clearly wrong.”
The Respect for Marriage Act was rushed to the House floor in an election year with polling showing a majority of Americans favor preserving rights to marry, regardless of sex, gender, race or ethnicity, a long-building shift in modern mores toward inclusion.
A Gallup poll in June showed broad and increasing support for same-sex marriage, with 70% of U.S. adults saying they think such unions should be recognized by law. The poll showed majority support among both Democrats (83%) and Republicans (55%).
Approval of interracial marriage in the U.S. hit a six-decade high at 94% in September, according to Gallup.
McConnell, the Republican leader, is eager to regain control of the Senate, now evenly split 50-50, and his views on whether his party should support or oppose the same-sex marriage protections will almost certainly be viewed through that political lens.
Incumbent Republican senators seeking to win reelection and GOP candidates running for office may want a chance to support the gay marriage issue that is popular with many voters. Strong Republican-led opposition could be seen as detrimental to the party's candidates in swing states that McConnell needs to win to regain control.
Some vocal leaders in the Republican Party, including Cruz and Sen. Josh Hawley of Missouri, both potential presidential candidates, have indicated likely opposition to the legislation.
The Respect for Marriage Act would repeal the Clinton-era Defense of Marriage Act, which put into federal law the definition of marriage as a heterosexual union between a man and woman. That 1996 law was largely overshadowed by subsequent court rulings, including Obergefell vs. Hodges in 2015, legalizing gay marriage nationwide.
