The House of Representatives returned from its summer recess on Monday after having passed the Respect For Marriage Act in mid-July.
Senators now have about three weeks until another week-long state work period where they’ll be gone from the US Capitol to follow suit.
Same sex marriage is already legal in all 50 states after the landmark Supreme Court ruling in Obergefell v. Hodges overturned the 1996 Defense of Marriage Act.
But the legislative push comes amid Democrat concerns that the Supreme Court and Republican-led state legislatures could move to infringe on more privacy rights after the high court’s reversal of Roe v. Wade in June.
‘Some Republicans say, oh, this is unnecessary, it won’t happen. Remember, that’s the same thing they said about Roe, and look at where we are today,’ Schumer said on the Senate floor Monday.
‘We should protect marriage equality now, well before the MAGA-controlled Supreme Court steps in.’
He said on Wednesday last week just after the Senate returned to session, ‘Let’s remember why a vote on the Respect for Marriage [Act] is necessary.
‘Millions upon millions of American women had their right taken away by the extremist MAGA Supreme Court in the Dobbs decision. And in a concurring opinion Justice Thomas opened the door for the Supreme Court going even further.’
Justice Samuel Alito’s controversial majority Supreme Court opinion, which upended the landscape of women’s health for millions overnight, specified that the only privacy right at issue was abortion.
Senate Majority Leader Chuck Schumer vowed that a vote on marriage equality would take place ‘in coming weeks’
Senate Democrats will need 10 Republicans to also vote for the measure for it to have any chance of passing
But in a separate concurring opinion, Justice Clarence Thomas suggested the high court could next revisit the landmark rulings legalizing LGBTQ relationships and contraceptives access for married couples.
As of September 12, abortions are mostly banned in at least a dozen states while more continue to see partisan battles over the medical procedure.
Democrats have responded with legislation codifying protections that Thomas suggested were on the chopping block.
Schumer promised a vote would come on marriage equality ‘in coming weeks.’
In another jab at Republican legislatures rolling back abortion rights while talking on the Senate floor Monday, Schumer said: ‘At a time when our rights are under siege, it would be a much-needed shield for scores of Americans at risk of discrimination simply because of who they love.’
But it’s not yet certain that Schumer would share the success of House Democrats in passing the bill.
Democrats are rushing to protect privacy rights they believe to be under threat after the Supreme Court overturned Roe v. Wade
Sixty votes are needed to overcome a filibuster and pass the legislation, meaning the New York Democrat needs 10 Republicans to reach across the aisle.
A bipartisan bill in the Senate is giving progressive groups some hope – its lead sponsors are GOP Sen. Susan Collins of Maine and Democrat Sen. Tammy Baldwin of Wisconsin.
Conservatives like Texas Sen. Ted Cruz have vowed to oppose the bill.
To attempt to assuage Republican concerns, Collins and Baldwin have vowed to add an amendment protecting ‘religious liberty.’
‘Religious liberty is a founding tenet of our republic, and the Respect for Marriage Act honors that principle,’ the lawmakers wrote in a Washington Post op-ed.
‘We recognize that some might need more clarity on this point, and that is why we have worked together with our Senate colleagues to develop clarifying language to the legislation that makes it clear what the Respect for Marriage Act would not do – it will not take away or alter any religious liberty or conscience protections.’
Sens. Tammy Baldwin, D-Wisc., and Susan Collins, R-Maine, have been pushing Republicans to get on board with the Respect for Marriage Act
It’s not yet clear how many GOP lawmakers that will sway, but Republicans from outside of Capitol Hill are also lending their support for the bill.
More than 400 current or former Republican officials signed onto a Monday letter backing marriage equality, the Post reported.
That includes Massachusetts Governor Charlie Baker, Donald Trump-backed Pennsylvania Senate candidate Dr. Mehmet Oz, and George W. Bush’s daughter Barbara, among others.
‘As Republicans and conservatives, we believe strong families and lasting relationships strengthen communities, and civil marriage is a fundamental freedom central to individual liberty and the pursuit of happiness,’ the letter states.
‘Passing the Respect for Marriage Act will remove any uncertainty for the more than one million Americans who are building families, taking on the responsibilities and commitment associated with marriage, and caring for the one they love.’