Democratic lawmakers in Congress may make one last push in the coming weeks to pass a number of bills — including one protecting the right to same-sex marriage — in the run-up to the midterm elections.
Senate Majority Leader Chuck Schumer promised a vote on marriage equality last month, but told reporters he wouldn’t provide them with a “timetable” for when the vote would take place.
While some have criticized the impending vote as a means of getting more support for Democrats in the upcoming elections, Schumer’s aides told Politico that the delay is about ensuring that the bill can get passed.
Democrats will need at least 10 Republican votes to overcome a GOP filibuster and codify marriage equality protections that were established in the 2015 Supreme Court decision Obergefell v. Hodges. Many believe that decision has been endangered following the Court’s ruling this year to overturn the 1973 decision Roe v. Wade.
In a concurring opinion in the case rescinding abortion rights, Justice Clarence Thomas said that he and his fellow justices should also re-examine other cases that established rights based on privacy protections — including Obergefell. His comments led Democrats to pass a bill on marriage equality in the House earlier this summer. The bill has not yet been voted on in the Senate.
Democrats say they are confident they can muster up 10 GOP votes in the Senate. Sen. Tammy Baldwin (D-Wisconsin), the lead sponsor of the bill who is also the first open lesbian elected to the Senate in U.S. history, plans to meet with GOP colleagues she’s been working with to “compare notes on their outreach efforts to build more support from Senate Republicans.”
At least three Republicans have voiced open support for the bill — Sens. Rob Portman (R-Ohio), Susan Collins (R-Maine) and Thom Tillis (R-North Carolina). Sen. Lisa Murkowski (R-Alaska) has also spoken positively about the bill.
“We’re in pretty good shape,” Collins has said about the legislation’s chance of passing.
Yet obstacles still abound. The timeframe to pass the bill before the midterms is shrinking, and Schumer has indicated that his first priority is getting federal judges nominated by President Joe Biden approved in the chamber this week. Other priorities include passing a continuing resolution to fund the federal government, which has the potential to last for weeks if Republicans want it to.
Republicans have also signaled a reluctance to vote on the marriage equality bill at all. Sen. Ron Johnson (R-Wisconsin), who previously said he saw “no reason” to oppose the legislation, has disparaged it as being unnecessary and accused Democrats of trying to play politics ahead of the midterms.
Johnson called the bill “another example of Democrats creating a state of fear over an issue in order to further divide Americans for their political benefit.” More recently, he indicated that he wouldn’t support the bill unless it includes a “religious freedom” amendment, which could allow businesses to discriminate against LGBTQ people.
Sen. Marco Rubio (R-Florida), meanwhile, called the bill a “stupid waste of time” — a comment that Baldwin overheard and confronted him about privately on an elevator.
Polling suggests that a majority of voters do not see the bill as a “waste of time,” however. According to a Politico/Morning Consult poll conducted in late July, 58 percent of Americans believe that Congress should pass a bill to protect same-sex marriage rights, while only 32 percent oppose the idea.
The bill also has the support of President Joe Biden, who has indicated he will sign it into law if given the opportunity.
Biden “is a proud champion of the right for people to marry whom they love and is grateful to see bipartisan support for that right,” White House Press Secretary Karine Jean-Pierre said earlier this summer. “He believes it is non-negotiable and that the Senate should act swiftly to get this to the president’s desk. He wants to sign this.”
Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn
Dear Truthout Community,
If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.
We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.
Journalism is a linchpin of that movement. Even as we are reeling, we’re summoning up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.
There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.
Last week, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?
It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.
We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.
We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.
Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment.
We’re with you. Let’s do all we can to move forward together.
With love, rage, and solidarity,
Maya, Negin, Saima, and Ziggy