The legislation would not force any state to allow same-sex couples to marry. But it would require states to recognize all marriages that were legal where they were performed, and protect current same-sex unions, if the court’s 2015 Obergefell v. Hodges decision were to be overturned.
A new law protecting same-sex marriages would be a major victory for Democrats as they relinquish their two years of consolidated power in Washington, and a massive win for advocates who have been pushing for decades for federal legislation. It comes as the LGBTQ community has faced violent attacks, such as the that killed five people and injured at least 17.
With conservative Justice Amy Coney Barrett replacing Ginsburg, the court has now overturned Roe v. Wade and the federal right to an abortion, stoking fears about Obergefell and other rights protected by the court. But sentiment has shifted on same-sex marriage, with more than two-thirds of the public now in support.
Republican Sen. Thom Tillis of North Carolina, who has been lobbying his fellow GOP senators to support the legislation for months, pointed to the number of religious groups supporting the bill, including the Church of Jesus Christ of Latter-day Saints. Some of those groups were part of negotiations on the bipartisan amendment.
In an effort to win the 10 Republican votes necessary to overcome a filibuster in the 50-50 Senate, Democrats delayed consideration until after the Eventual support from 12 Republicans gave Democrats the votes they needed. “We do well by taking this step, not embracing or validating each other’s devoutly held views, but by the simple act of tolerating them,” Lummis said.
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