The Respect for Marriage Act would repeal the 1996 Defense of Marriage Act and require states to recognize all marriages that were legal where they were performed.
It would also protect interracial marriages by requiring states to recognize legal marriages regardless of “sex, race, ethnicity, or national origin.”
The legislation, which passed the House in July, will advance after 12 Republicans voted with all Democrats to move forward, providing enough votes needed to overcome a filibuster in the 50-50 Senate. A final vote could come as soon as this week, or later this month.
“Passing this bill is as personal as it gets for so many of us,” Senate Majority Leader Chuck Schumer said on Twitter. “My daughter and her wife—my daughter-in-law—are expecting a baby next spring. I want them—and everyone in a loving relationship—to live without the fear that their rights could be stripped way.”
In a statement after the vote, President Joe Biden said that he will sign the bill once it is passed.
“Love is love, and Americans should have the right to marry the person they love,” Biden said. “The Respect for Marriage Act will ensure that LGBTQI+ couples and interracial couples are respected and protected equally under federal law, and provide more certainty to these families since the Supreme Court’s decision in Dobbs.”
The Supreme Court overturned Roe v. Wade, eliminating constitutional protections for abortion in that decision. An opinion from Justice Clarence Thomas at the time argued that the court should also reconsider an earlier high court decision protecting same-sex marriage.
The 37 Republicans who voted against the Respect for Marriage Act are:
John Barrasso, WYMarsha Blackburn, TNJohn Boozman, ARMike Braun, INBill Cassidy, LAJohn Cornyn, TXTom Cotton, ARKevin Cramer, NDMike Crapo, IDTed Cruz, TXSteve Daines, MTDeb Fischer, NELindsey Graham, SCChuck Grassley, IABill Hagerty, TNJosh Hawley, MOJohn Hoeven, NDCindy Hyde-Smith, MSJim Inhofe, OKRon Johnson, WIJohn Kennedy, LAJames Lankford, OKMike Lee, UTRoger Marshall, KSMitch McConnell, KYJerry Moran, KSRand Paul, KYJim Risch, IDMike Rounds, SDMarco Rubio, FLRick Scott, FLTim Scott, SCRichard Shelby, ALJohn Thune, SDPatrick Toomey, PATommy Tuberville, ALRoger Wicker, MS
