The Respect for Marriage Act easily accumulated enough votes to advance Wednesday, netting 12 Republican yes votes and putting it on a glide path to final passage.
The final vote was 62 yes votes to 37 no votes, with Sen. Ben Sasse (R-NE) not voting after his wife suffered a seizure last weekend.
Twelve Republicans joined all of the Democrats: Sens. Roy Blunt (R-MO), Richard Burr (R-NC), Shelley Moore Capito (R-WV), Susan Collins (R-ME), Joni Ernst (R-IA), Cynthia Lummis (R-WY), Lisa Murkowski (R-AK), Rob Portman (R-OH), Mitt Romney (R-UT), Dan Sullivan (R-AK), Thom Tillis (R-NC) and Todd Young (R-IN).
Sen. Tammy Baldwin (D-WI), the first openly LGBTQ woman elected to both the House and Senate who shepherded the bill through, sat alone for much of the vote, seemingly ticking names off a pad of paper. Some members came over to congratulate her, including Sen. Sheldon Whitehouse (D-RI) who gave her a high five, prompting her celebratory fist pump.
Senate Majority Leader Chuck Schumer (D-NY) kicked the vote until after the midterms when it became clear that it’d be easier to marshal Republican support when they were less concerned about alienating voters.
The bill was prompted by Justice Clarence Thomas’ concurring opinion in the Dobbs decision, where he advocated for revisiting Obergefell v. Hodges.
The Respect for Marriage Act does not go as far as Obergefell: it requires that all states recognize marriages conducted where it’s legal, but does not require all states to grant same-sex marriages. If the Court overturned Obergefell, states could impose bans on same-sex marriage. The bill also critically repeals the 1996 Defense of Marriage Act, which gives states the ability to not recognize same-sex marriages conducted in others. Though considered unconstitutional for now, DOMA is still on the books.
Some have criticized the bill for falling short of Obergefell — but it would provide critical protections to same-sex couples should the Supreme Court overturn its own precedent. It also may be more legally bulletproof than a bill fashioned in Obergefell’s exact mold.
“Today, the Senate made it clear that we stand with the American people by voting to move forward with the Respect For Marriage Act,” Baldwin tweeted Wednesday evening. “This is a HUGE win and we are one step closer to ensuring same-sex and interracial couples have the same rights & freedoms as everyone else!”
I assume this is the horse-trade that was necessary to bring in the GOP votes to get past the 60-vote filibuster threshold. Overall, the bill is a good thing. It clears up the legal ambiguity of the status of those who got married in a state where it is permitted, and then returned to or moved to a state where it is not. States banning same sex marriage are going to miss out on a lot of tourism and party bucks.
I appreciate this bill. I think it does make a difference.
IANAL, but “your state has to recognize all marriage certificates issued in other states” seems on absolutely rock-solid footing, while “you have to issue marriage certificates in XYZ circumstances” does not. Seems like a good call to take the rock-solid option.
I aNaL?
When does the full Senate vote on it.