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Senate Democrats on Wednesday expressed eagerness to quickly vote on legislation that would protect same-sex marriage, offering an early window into the party’s plans to strengthen individual rights following the Supreme Court’s overturning decision Roe v. Wade.
The variable terrain — with several Senate Republicans voice support for the legislation a day after the House passed a similar bill with the support of 47 Republicans — came as a surprise to members of both parties and appeared to offer a rare pocket of bipartisan support on a political scene increasingly polarized on social issues.
White House officials suddenly saw an area where they could demonstrate action to a base that was disillusioned and at times demoralized. After decades of legislative failure to protect federal abortion rights — saying the issue is a settled issue already decided by the courts — Democrats now see a way to protect same-sex marriage from potential legal challenges.
Republicans, on the other hand, have become increasingly animated around social and cultural issues—with long-running debates about Dr. Seuss and Mr. Potato Head, false allegations of “trimming” and legislation around bathrooms and the school curriculum – but a section of the party has decided that same-sex marriage is a ritual that requires protection.
It marks a shift for many in a party that went from staunch opponents of same-sex marriage in the early 2000s to indifference by the time it became law in 2015 to now staunch supporters.
Although the timing remains unclear and the prospects for passage far from certain, Senate Majority Leader Charles E. Schumer (DN.Y.) said Wednesday that he is working to get enough Republicans to bring the legislation to the Senate floor. The Respect for Marriage Act, in addition to protecting the right of same-sex couples to marry, it would also protect interracial marriage and repeal the Defense of Marriage Act of 1996, which defined marriage as between one man and one woman.
“This legislation was so important,” Schumer said in a speech Wednesday morning. “I was really impressed with how much bipartisan support it got in the House.”
Although there is still opposition — Sen. Marco Rubio (R-Fla.) said it’s not an issue — several Republican senators said they support the effort and are working to convince their colleagues.
“I think it’s important,” said Sen. Rob Portman (R-Ohio), who is retiring at the end of this term. In March 2013, Portman announced his support for same-sex marriage, a surprise decision that came two years after his son Will came out as gay.
“It’s the right policy and I think it’s an important message to send,” Portman added. “This morning some of my fellow Republicans said to me, ‘This is just a message bill.’ I said, ‘But this is an important message.’ ”
Sens. Tom Tillis (RN.C.) and Lisa Murkowski (R-Alaska) also indicated they would likely support the legislation, which was already co-sponsored by Sen. Susan Collins (R-Maine). The four Republican senators speaking in support means Democrats would need six more to reach the 60-vote threshold needed to avoid impeachment, assuming all 50 senators who are in a caucus with Democrats , vote yes as expected.
But it was clear on Wednesday that neither side was particularly prepared for the changes in the debate, with both sides surprised by the level of support from House Republicans on Tuesday night. For Democrats, it meant a chance to actually codify same-sex marriage protections into law, rather than just have a political albatross to pin on Republicans.
For Senate Republicans, that meant some degree of scrambling to come up with a unified strategy.
At first they thought they could just dismiss the issue as a political exercise, but the 47 House Republicans — some from swing districts, others who rarely cross party lines — illustrated the political risks of not supporting an issue that has public opinion firmly on its side.
Some have also previously argued that legislative protection of same-sex marriage is unnecessary because it is settled law. But Supreme Court Justice Clarence Thomas, in concurring in the ruling that struck down federal abortion protections in Roe v. Wade, wrote that there were future cases in which the court had a “duty to correct the error” of previous decisions, citing same-sex marriage among them. Those views have been reinforced in recent days by Sen. Ted Cruz (R-Texas).
“He opened a lot of doors that no other justice has walked through,” Sen. Mitt Romney (R-Utah) said of Thomas’ opinion.
Romney, who was governor of Massachusetts when the state became the first to legalize same-sex marriage despite opposing the decision, said he had not decided whether he would support the Senate legislation.
“Clearly, legislation from the House is unnecessary given the fact that the law is the same,” he said. “We’ll look into it when it comes to us.”
Several Republicans said they had not yet read the legislation or said they were unaware of the House’s action.
“I haven’t looked into it yet,” said Sen. Richard Burr (RN.C.).
“Did it go? I haven’t even seen it yet,” said Sen. Cynthia M. Loomis (R-Wyo.).
Asked if she supported same-sex marriage in general, Loomis said, “I haven’t seen the bill yet. I’m going to see what the bill says.
Sen. Deb Fischer (R-Neb) said, “I haven’t looked into it,” when asked for any initial thoughts on the bill.
The House vote on same-sex marriage was the latest response to the repeal of the Roe v. Wade among increased concern that other rights may also be restricted. The House last week codified access to reproductive rights protections that were outlined in Rowe, and also provides protection to those who travel out of state to obtain an abortion. That measure received support from only three Republicans.
The House on Thursday is scheduled to vote on the Contraceptive Right Act, which would “protect an individual’s ability to access contraceptives and engage in contraception, and protect a health care provider’s ability to provide contraceptives, contraception and information , related to contraception.”
House Republicans expect less from their caucus to support the legislation, with party leadership arguing that Democrats crafted a bill that was too broad and let it go to the floor.
Rep. Nancy Mays (R.C.) — unlike other women in her party who said such decisions should be left to the states — argued that repealing the Roe v. Wade opens the door for Congress to consider marriage equality and contraception.
“These are things we have to protect. We have the opportunity and we should because when you dismiss a case like Roe v. Wade and look at the role of federalism, there is a role for Congress and the states,” she said of the votes this week.
Mays voted in favor of marriage equality on Tuesday and hopes to vote in favor of the contraception bill on Thursday if the legislation contains no “poison pills.”
The White House has been closely monitoring Congressional action and tracking individual Senate Republican positions on same-sex marriage legislation. But White House officials were still trying to calibrate how publicly to get involved, trying to determine whether public pressure from President Biden would be an asset or a hindrance to securing more votes for Republicans.
“He is a proud defender of the right of people to marry whom they love and is grateful to see bipartisan support for that right,” White House press secretary Karin Jean-Pierre told reporters. “He believes this is non-negotiable and the Senate should act quickly to get this to the president’s desk.” He wants to sign this. So we need this legislation, and we urge Congress to act as quickly as possible.
She declined to say whether Biden was personally involved or whether he would call senators and urge them to support the legislation.
But White House officials say same-sex marriage is a unique area among modern social policy where Republicans are willing to move, but not as an indication of other changes.
In polls by Gallup, which has long tracked public opinion on same-sex marriage, support reached a new high this year, with 71 percent saying same-sex marriages should be recognized by law. In 1996, 27 percent said same-sex marriage should be recognized by law and supported since then it has been steadily rising.
Republican support for same-sex marriage has roughly doubled over the past decade, according to Gallup polls, reaching 55 percent in May. Support among people over the age of 65 – typically a group of reliable voters – has also increased significantly, from 39 percent in 2011 to 58 percent this year.
But on abortion rights, the trends are much more consistent with support still in the majority but not changing drastically.
This year, for example, Gallup found that 58 percent of Americans said they would not want Roe overturned — the same share that held that view in 1989.
In Gallup’s annual measurement of issues Americans consider “morally acceptable,” 92 percent of the latest survey said birth control is morally acceptable, including 98 percent of liberals and 88 percent of conservatives. When Gallup first asked about the morality of birth control in 2012, 89 percent said it was morally acceptable.
After Tuesday’s vote, several House Republicans elaborated on their decisions.
Rep. Nicole Malliotakis (RN.Y.) reflects on some of the shifts in both parties. As a state legislator in New York, she had voted against a bill legalizing same-sex marriage, a vote she regretted.
“In the past decade, I have attended two weddings of couples who deserve equal recognition and protection according to…
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