The legislation began as an election-season political effort to counter the Supreme Court’s new majority after the court overturned access to abortion in Roe v. Wade, raising concerns that other rights are at risk. But suddenly it has a chance to become law. Pressure is mounting on Republicans to abandon their longstanding opposition and join a bipartisan moment on gay rights. “This legislation was so important,” Senate Majority Leader Chuck Schumer said when he opened the chamber Wednesday. The Democratic leader swept the House 267-157, with 47 Republicans — nearly a fifth of GOP lawmakers — voting in favor of the bill late Tuesday. “I want to bring this bill to the floor,” Schumer said, “and we’re working to get the necessary support from Senate Republicans to make sure it passes.” The political odds remain high for the legislation, the Respect for Marriage Act, which would enshrine same-sex and interracial marriages as protected under federal law. Conservatives, including House GOP leaders, largely opposed the bill, and Republicans overwhelmingly voted against it. But in a sign of changing political attitudes and a need to win during the election, some Republicans are signaling that there may be an opening. Few Republicans spoke directly against same-sex marriage during Tuesday’s House debate. And Senate Republican Leader Mitch McConnell was notably silent when asked about the bill, saying he would take a look if it went to the Senate. “I’m going to hold off on announcing anything on this,” McConnell said, adding that he would wait to see if Schumer would push it forward. President Joe Biden wants Congress to send the bill to him to sign as soon as possible. “This is something that is personal to the president,” White House press secretary Karin Jean-Pierre told reporters traveling with the president. Biden is a “proud supporter of people’s right to marry the ones they love and is grateful to see bipartisan support for that right,” he said. “He believes it is non-negotiable and that the Senate should act quickly to get to the president’s desk. He wants to sign it, so we need this legislation and we urge Congress to move as quickly as possible.” So far, the legislation has only two Senate Republican co-sponsors, Susan Collins of Maine and Rob Portman of Ohio. Alaska’s Lisa Murkowski and North Carolina’s Thom Tillis are among others being closely watched for possible support. All 10 Republican senators would need to join all Democrats to reach the 60-vote threshold to overcome a GOP masterpiece. “We’re seeing progress on this, and I’m going to make progress,” Sen. Tammy Baldwin, D-Wis., the bill’s lead sponsor, told reporters on Capitol Hill. The No. 2 Republican, Sen. John Thune of South Dakota, was dubious Tuesday, calling the proposed legislation little more than a political message. Social issues such as same-sex marriage and abortion have been at the top of the congressional agenda this summer in response to the Supreme Court’s action that overturned Roe v. Wade, a stunning decision that ended the nearly 50-year-old constitutional right to access abortion. He raised alarms that other right-wing conservatives could be next. While Justice Samuel Alito, writing for the majority, insisted that Roe v. Wade was only about access to abortion, it showed new conservative power with three Trump-era justices tipping the court’s balance. A concurring opinion by Justice Clarence Thomas, who has gained stature in the new majority, raised questions about same-sex marriage and other rights. “We take Justice Thomas — and the extremist movement behind him — at their word,” House Speaker Nancy Pelosi said during the House floor debate. “That’s what they intend to do.” Both Pelosi and Schumer criticized Sen. Ted Cruz, R-Texas, who said over the weekend that the Supreme Court’s 2015 Obergefell v. Hodges decision upholding same-sex marriage was “clearly wrong.” The Respect for Marriage Act was rushed through the House in an election year with polls showing a majority of Americans favor preserving marriage rights, regardless of sex, gender, race or nationality, a long-overdue shift in modern morals toward integration. A Gallup poll in June showed broad and growing support for same-sex marriage, with 70% of US adults saying they believe such unions should be recognized by law. The poll showed majority support from both Democrats (83%) and Republicans (55%). Approval of interracial marriage in the US hit a six-decade high of 94% in September, according to Gallup. McConnell, the Republican leader, is eager to regain control of the Senate, now evenly split 50-50, and his views on whether his party should support or oppose same-sex marriage protections will almost certainly be scrutinized through this political prism. Unlike the abortion issue, where opinions are deeply polarized with little room for Congress to find common ground, same-sex attitudes continue to evolve and change among lawmakers. Incumbent Republican senators seeking re-election and GOP candidates running for office may want a chance to support the same-sex marriage issue that is popular with many voters. Strong Republican-led opposition could be seen as damaging to the party’s candidates in states McConnell must win to regain control. A Republican candidate, Joe O’Dea, who is challenging incumbent Democratic Sen. Michael Bennett in Colorado, said he was happy to see the same-sex marriage bill pass the House. “You have a lot of politicians in both political parties who spend too much time trying to tell people how to live their lives. It’s not me. I live my life. You live your life,” O’Dea said. “Let’s get on with solving the enormous challenges facing the American people.” But some vocal GOP leaders, including Cruz and Sen. Josh Hawley of Missouri, both potential presidential candidates, have signaled possible opposition to the legislation. The Respect for Marriage Act would repeal the Clinton-era Defense of Marriage Act, which set in federal law the definition of marriage as a heterosexual union between a man and a woman. That 1996 law was largely overshadowed by later court decisions, including Obergefell v. Hodges in 2015, legalizing same-sex marriage nationwide.
Associated Press writers Farnoush Amiri, Mary Clare Jalonick and Darlene Superville in Washington and Nicholas Riccardi in Denver contributed to this report.
