Senate Majority Leader Chuck Schumer said on Wednesday that he wants to bring legislation to protect marriage equality to a vote, after the House passed it on a bipartisan basis.
Every House Democrat and 47 House Republicans voted for the Respect for Marriage Act on Tuesday, which came in direct response to Justice Clarence Thomas’s suggestion that the Supreme Court “reconsider all of this court’s substantive due process precedents” when it overturned Roe v Wade last month.
That included the court’s previous rulings on same-sex marriage, gay sex and contraception. The legislation repeals the 1996 Defense of Marriage Act, which the court overturned in 2015. The legislation also protects the validity of same-sex and interracial marriages and prohibits denying the “full faith and credit” to any out-of-state marriage based on race, sex, ethnicity or national origin regardless of any state law.
Mr Schumer said on a floor speech on Wednesday that the vote encouraged him.
“This legislation is so important. I was really impressed by how much bipartisan support it got in the House” he said. “It passed 267-157. 47 Republicans, about a quarter, a little less than a quarter of their caucus, maybe a fifth, voted for the bill. The legislation is so important.”
Mr Schumer said he had spoken with Senator Tammy Baldwin of Wisconsin, the first openly lesbian Senator, about the legislation and that she is speaking to Republicans to get the bill over the finish line.
“I'm encouraged that we have introduced a bipartisan bill, keep on adding co sponsors”, Ms Baldwin said.
Democrats only have 50 Senate seats, meaning they would need to get 10 Republicans on board.
Senator Rob Portman of Ohio is now a cosponsor of the legislation. Mr Portman, who is retiring this year, has supported same-sex marriage since 2013 and has a gay son.
“We haven't done any whip count or anything”, Mr Portman said. “I've been told by some Republican colleagues this morning it's just a message bill. But it's an important message.”
Senator Lisa Murkowski of Alaska, who supports same-sex marriage, said she is looking at the bill.
“They have introduced legislation yesterday. I'm looking at that legislation, seeing it, how it has, how it might compare to the House bill”, she told The Independent.
Senator Thom Tillis of North Carolina said he’d support the legislation. But his colleague Senator Richard Burr was much more taciturn when speaking about it.
“I said earlier, I haven't read what the House did once I read it, I'd be happy to answer any questions,”, Mr Burr, who is retiring, told The Independent.
Senator Mike Braun of Indiana struck a similar tone when asked about the bill.
“I'm gonna look at it and make a decision on what to do so and I'll look and see what folks back home are interested in”, he said.
National Republican Senatorial Committee Chairman Rick Scott of Florida repeated the sentiment.
“I said the Supreme Court has made their decision. I support Supreme Courts”, he said.
Senator Mitt Romney of Utah questioned the need for the legislation.
“And literally, the legislation of the house is unnecessary given the fact that the law is the same and we'll take a look at it as, as that comes our way”, he told reporters. When asked about the fact that Mr Thomas opened the door to overturning decisions pertaining to same-sex marriage, Mr Romney said, “He's opened a lot of doors that no other justices walk through.”
But Senator Marco Rubio was more explicit in his criticism, saying it was a “waste of our time on a non-issue,” Business Insider reported.
“I'm not voting for that bill, what do you mean I won't say how I'll vote”, he said.
-Alex Woodward contributed reporting
