CAPITOL HILL – Congress is one step closer to giving federal protections to same-sex marriage. In a key vote last night, the bill gained the support of enough senators to clear a filibuster. A final vote in the Senate is expected today.
The bill was amended by a bipartisan group of senators putting in more religious liberty protections, but some Republicans in the chamber say the amendment still doesn’t do enough to guarantee religious freedom.
The changes were put in place by two Democrats – Tammy Baldwin of Wisconsin and Kyrsten Sinema of Arizona – and three Republicans – North Carolina’s Thom Tillis, Maine’s Susan Collins, and Ohio’s Rob Portman.
The five released a statement on the amendment’s effect:
“Through bipartisan collaboration, we’ve crafted commonsense language to confirm that this legislation fully respects and protects Americans’ religious liberties and diverse beliefs, while leaving intact the core mission of the legislation to protect marriage equality.”
The revisions include a guarantee that religious non-profits won’t be forced to facilitate same-sex marriages. It also promises not to alter the tax-exempt status of organizations following their religious beliefs.
Supporters said the bill was needed in the wake of the Supreme Court’s Dobbs decision overturning Roe v. Wade after Justice Clarence Thomas floated the idea of revisiting multiple cases, including the Court’s previous legalization of same-sex marriage.
Senate Majority Leader Chuck Schumer (D) said, “Millions of Americans deserve equal justice under the law and peace of mind knowing their right to marry the person they love is protected.”
Some critics felt the bill was unnecessary and singles out people whose religious beliefs teach traditional marriage.
Sen. John Cornyn (R-TX) said, “I think the bill needs to be amended. Religious liberty is a cornerstone of our democracy. It’s explicitly protected by the United States Constitution, and we cannot allow it to be trampled on.”
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Sen. Mike Lee (R-UT) has been pushing for more religious liberty protections and proposed his own amendment. He called the latest bill change “insufficient” and argued churches and charities would be subjected to endless litigation under the Respect for Marriage Act, something other critics of the bill have echoed.
Greg Baylor with Alliance Defending Freedom said, “Sen. Lee’s amendment would actually accomplish something. It would actually restrain the federal government from taking adverse action against organizations that hold traditional views about marriage.”
The Senate voted 61-35 for the bill as it overcomes the filibuster, and 12 Republicans joined Democrats to advance it.
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