Schumer said on Tuesday that he was wearing the tie he wore at his daughter’s wedding, “one of the happiest moments of my life.” He also recalled the “harrowing conversation” he had with his daughter and her wife in September 2020 when they heard that liberal Justice Ruth Bader Ginsburg had passed away. “Could our right to marry be undone?” they asked at the time.
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.
Still, Schumer said it was notable that the Senate was even having the debate after years of Republican opposition. “A decade ago, it would have strained all of our imaginations to envision both sides talking about protecting the rights of same-sex married couples,” he said.
Passage came after the Senate rejected three Republican amendments to protect the rights of religious institutions and others to still oppose such marriages. Supporters of the legislation argued those amendments were unnecessary because the bill had already been amended to clarify that it does not affect rights of private individuals or businesses that are currently enshrined in law. The bill would also make clear that a marriage is between two people, an effort to ward off some far-right criticism that the legislation could endorse polygamy.
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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.
“They see this as a step forward for religious freedom,” Tillis says.
The nearly 17-million member, Utah-based faith said in a statement this month that church doctrine would continue to consider same-sex relationships to be against God’s commandments.
Most Republicans still oppose the legislation, saying it is unnecessary and citing concerns about religious liberty. And some conservative groups stepped up opposition in recent weeks, lobbying Republican supporters to switch their votes.
“Marriage is the exclusive, lifelong, conjugal union between one man and one woman, and any departure from that design hurts the indispensable goal of having every child raised in a stable home by the mom and dad who conceived him,” the Heritage Foundation’s Roger Severino, vice president of domestic policy, wrote in a recent blog post arguing against the bill.
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 midterm elections, hoping that would relieve political pressure on GOP senators who might be wavering.
Eventual support from 12 Republicans gave Democrats the votes they needed.
Along with Tillis, Maine Sen. Susan Collins and Ohio Sen. Rob Portman supported the bill early on and have lobbied their GOP colleagues to support it. Also voting for the legislation were Republican Sens. Richard Burr of North Carolina, Todd Young of Indiana, Shelley Moore Capito of West Virginia, Mitt Romney of Utah, Joni Ernst of Iowa, Roy Blunt of Missouri, Cynthia Lummis of Wyoming and Lisa Murkowski and Dan Sullivan of Alaska.
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Just before passage, Collins thanked her fellow Republicans who supported it. “I know it has not been easy, but they have done the right thing,” Collins said.
Lummis, one of the more conservative members of the Senate, spoke ahead of the final vote about her “fairly brutal self soul searching” before supporting the bill. She said that she accepts her church’s beliefs that a marriage is between a man and a woman, but noted that the country was founded on the separation of church and state.
“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.
Baldwin said earlier this month that the newfound openness from many Republicans on the subject reminds her “of the arc of the LBGTQ movement to begin with, in the early days when people weren’t out and people knew gay people by myths and stereotypes.”
“And slowly laws have followed,” she said. “It is history.”
This article originally appeared here.
