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November 15, 2022 / 7:27 PM
/ AP

The Church of Jesus Christ of Latter-day Saints said Tuesday it would back proposed federal legislation to safeguard same-sex marriages , marking the latest show of support for the measure from conservative-leaning groups.
The nearly 17-million member, Utah-based faith said in a statement that church doctrine would continue to consider same-sex relationships to be against God's commandments. Yet it said it would support rights for same-sex couples as long as they didn't infringe upon religious groups' right to believe as they choose.
"We believe this approach is the way forward. As we work together to preserve the principles and practices of religious freedom together with the rights of LGBTQ individuals much can be accomplished to heal relationships and foster greater understanding," the church said in a statement posted on its website.
Support for the Respect for Marriage Act under consideration in Congress is the church's latest step to stake out a more welcoming stance toward the LGBTQ community while holding firm to its belief that same-sex relationships are sinful. Still, its stance toward LGBTQ people — including those who grow up in the church — remains painful for many.
Patrick Mason, a professor of religious studies at Utah State University, said the church's position was both a departure from and continuation of its past stances — respecting laws yet working to safeguard religious liberty and ensuring they won't be forced to perform same-sex marriages or grant them official church sanction.
"This is part of the church's overall theology essentially sustaining the law of the land, recognizing that what they dictate and enforce for their members in terms of their behavior is different than what it means to be part of a pluralistic society," he said.
The faith opposes same-sex marriage and sexual intimacy, but it has taken a more welcoming stance to LGBTQ people in recent years. In 2016, it declared that same-sex attraction is not a sin, while maintaining that acting on it was.
The bill, which has won support from Democrats and Republicans, is set for a test vote in the Senate Wednesday, with a final vote as soon as this week or later this month. It comes after the U.S. Supreme Court overturned the constitutional right to abortion, with Justice Clarence Thomas issuing a concurring opinion indicating that an earlier high court decision protecting same-sex marriage could come under threat.
The legislation would repeal the Clinton-era Defense of Marriage Act and require states to recognize all marriages that were legal where they were performed. It would also protect interracial marriages by requiring states to recognize legal marriages regardless of "sex, race, ethnicity, or national origin." It makes clear that the rights of private individuals and businesses wouldn't be affected.
Utah's four congressmen — who are all members of the church — each voiced support for the legislation earlier this year.
The church's public stance is a stark contrast from 14 years ago, when its members were among the largest campaign contributors in support of California's Prop. 8, which defined marriage as between a man and a woman in response to cities such as San Francisco granting marriage licenses to same-sex couples.
Troy Williams, the executive director of Equality Utah, said it was "thrilling" to see the church part of the coalition in support of the legislation.
"Despite differences we may have, we can always discover common ground on laws that support the strengthening of all families," Williams, who grew up a church member, said.
The faith opposes laws that would make it illegal for churches to not allow same-sex couples to marry on their property. But it has supported state-based efforts to pass laws that prohibit employment and housing discrimination as long as they clarify respect for religious freedom.
The Respect for Marriage Act neither fully codifies the U.S. Supreme Court decision that enshrined a federal right to same-sex marriage nor details all religious liberty concerns of those who object to it.
Faith groups see it as vehicle for passing religious liberty protections they haven't been able to in the past, said Tim Schultz, the president of the 1st Amendment Partnership.
Schultz's organization is advocating for religious liberty on behalf of a coalition concerned with that subject — a coalition that includes The Church of Jesus Christ of Latter-day Saints.
"Same-sex marriage has achieved broad appeal in our culture in significant part because it hasn't trampled on people who believe in traditional marriage," he said.

First published on November 15, 2022 / 7:27 PM

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Twelve Republicans voted with all Democrats to move forward on the bill, after negotiators reached a bipartisan deal to include protections for religious liberty.

Sen. Thom Tillis (R-N.C.) listens during a hearing on Capitol Hill. | Pool photo by Leigh Vogel

The Senate on Wednesday narrowly advanced legislation to protect same-sex marriage, sending it on to near-certain passage.
In a 62-37 vote, 12 Republicans voted with all Democrats to move forward on the bill, after negotiators reached a bipartisan deal to include protections for religious liberty. The vote on final passage could occur as soon as this week.
“We can ease the fear that millions of same-sex and interracial couples have that their freedoms and their rights could be stripped away,” said Sen. Tammy Baldwin (D-Wis.), who is lead sponsor along with Sen. Susan Collins (R-Maine). “We are guaranteeing same-sex and and interracial couples, regardless of where they live, that their marriage is legal.”
Headed into the floor vote, only a handful of Republicans, including Sens. Mitt Romney (R-Utah), Roy Blunt (R-Mo.) and Lisa Murkowski (R-Alaska) publicly committed to voting for the modified legislation.
Wednesday’s vote showed Majority Leader Chuck Schumer might get what he hoped for when he delayed the bill to protect same-sex marriage rights from coming to the floor in September, agreeing to Republican requests that the chamber take it up after the election.
Some Democrats feared they were being played — convinced to take pressure off the opposing party only to have the GOP tank the legislation later. But negotiators bet that waiting would help solidify support and allow senators to vote without considering the midterms.
“I made the choice to trust the members who have worked so hard on this legislation and wait a little bit longer, in order to give the bipartisan process a chance to play out,” Schumer said ahead of the vote. “No one — no one — in a same-sex marriage should have to worry about whether or not their marriage will be invalidated in the future. They deserve peace of mind, knowing their rights will always be protected under the law.”
Baldwin, along with Sen. Kyrsten Sinema (D-Ariz.) were the lead Democratic negotiators, while Collins worked with Sens. Rob Portman (R-Ohio) and Thom Tillis (R-N.C.) to shore up GOP votes.
During the vote, Baldwin barely stepped more than three feet away from the clerk’s desk. Sinema split her time between the GOP cloakroom and the floor, where she closely watched the tally. Collins at one point joked to Sen. Richard Shelby (R-Ala.) after he voted no: “you could have surprised everybody!”
While the House passed its same-sex marriage bill in July with support from nearly 50 House Republicans, the process in the Senate has taken more time amid GOP concerns about religious liberty. If the Senate does pass its version, the legislation will need another vote of approval from the House to head to President Joe Biden’s desk.
The GOP senators who supported advancing the bill included Sens. Joni Ernst (Iowa), Cynthia Lummis (Wyo.), Todd Young (Ind.), Dan Sullivan (Alaska), Shelley Moore Capito (W.Va.) and Richard Burr (N.C.), who is retiring.
The Senate bill would ensure that the federal government recognize a same-sex marriage if it was valid in the state it took place and couple moved to a state that does not recognize it. That would also apply to interracial marriage. It also would repeal the Defense of Marriage Act signed in 1996, which defined marriage as between one man and one woman under federal laws.
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The bipartisan amendment clarifies that the bill would leave intact protections from a 1993 religious freedom law, which outlaws placing a substantial burden on people’s ability to exercise their religion. In addition, it states that nonprofit religious groups would not have to perform marriage services and that the bill would not impact their tax treatment.
Among the groups that announced support for the bill are the National Association of Manufacturers and the Church of Jesus Christ of Latter-Day Saints, which said it “includes appropriate religious freedom protections while respecting the law and preserving the rights of our LGBTQ brothers and sisters.”
While the Supreme Court enshrined same-sex marriage into law in 2015, proponents of the bill are concerned that precedent could eventually be overturned, citing Supreme Court Justice Clarence Thomas’ concurring opinion in the Dobbs decision that questioned other legal rights and pointed specifically to same-sex marriage.
Wednesday’s vote to move forward on the bill marks the first time since 2013 that the chamber has taken up standalone legislation on LGBTQ rights.
Republican opponents to protecting same-sex marriage rights argue that it’s unnecessary, saying the Supreme Court is unlikely to reverse its 2015 ruling. And despite the push by some GOP senators on Schumer to delay the vote, others criticized the timing.
The Senate is expected to proceed now to its version that includes the religious liberty amendment. The bill’s supporters want to see it pass as soon as Thursday. That, however, will require an agreement from all 100 senators to allow it to move more quickly.
Katherine Tully-McManus contributed reporting.

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T he Senate voted 62-37 on Wednesday to advance legislation codifying protections for same-sex and interracial marriage, signaling the bill has secured enough Republican votes to pass the landmark bill into federal law.
All 50 members of the Democratic caucus and 12 Republicans voted to advance the legislation, limiting debate on the measure and moving closer to its final passage. The crucial procedural vote comes after months of negotiations by a bipartisan group of Senators—Democrats Tammy Baldwin of Wisconsin and Kyrsten Sinema of Arizona, and Republicans Susan Collins of Maine, Rob Portman of Ohio, and Thom Tillis of North Carolina—to draft an amendment that would secure the remaining Republican votes needed to reach the 60 vote threshold.
On Wednesday, Collins, Portman, and Tillis along with their Republican colleagues Lisa Murkowski and Dan Sullivan of Alaska, Cynthia Lummis of Wyoming, Mitt Romney of Utah, Richard Burr of Virginia, Roy Blunt of Missouri, Joni Ernst of Iowa, Todd Young of Indiana, and Shelley Moore Capito of West Virginia voted to move towards a final vote on the bill.
The vote is a major victory for the LGBTQ rights movement and signifies how far the Republican party, and the country as a whole, has moved on the issue of same-sex marriage in the last decade. A 2021 Gallup poll found that a record-breaking 70% of the U.S. population supports same-sex marriage, including 83% of Democrats and 55% of Republicans. In 2013, just 53% of the U.S. public and 30% of Republicans supported the issue. The bipartisan support for a bill protecting same-sex couples—thought unthinkable by many political strategists a decade ago—symbolizes the lasting success of the fight for marriage equality. After decades of fighting, it appears that for much of the American public, the issue has been settled.
Baldwin, who in 2013 became the first openly queer politician elected to the U.S. Senate, tells TIME that she’s worked for years to make sure “people in the LGBTQ community can protect their families in the same way that opposite-sex couples can.”
“In the early days, that was fighting for things like domestic partnership laws and civil unions,” she continues. “I’ve been very gratified to know that there’s now a majority, hopefully it’s going to be a supermajority in the Senate, that wants to ensure that marriage equality endures.”
The legislation, titled the Respect for Marriage Act, repeals 1996’s Defense of Marriage Act (DOMA) that legally defined marriage as a union between one man and one woman. The Respect for Marriage Act instead bans both the federal government and the states from refusing to recognize valid marriages on the basis of a couple’s “sex, race, ethnicity, or national origin.”
The bill does not codify 2015’s Supreme Court decision Obergefell v. Hodges —which overrode DOMA and established a constitutional right to same-sex marriage—and does not require a state to issue marriage licenses that are contrary to state law. Instead, it requires the federal government and all states to recognize a marriage between two people if it was legal in the state where it was performed.
“The federal government relies on the states to regulate marriage through state laws,” Baldwin says when asked why the bill does not codify Obergefell into law explicitly. With the Respect for Marriage Act in place, no state could disregard a same-sex marriage if it was legal under a different state law—which had not been the case prior to 2015.
In order to get at least 10 Republicans on board, the bipartisan coalition of Senators backing the bill added an amendment that would clarify that the law will not compel nonprofit religious organizations to provide services, accommodations, facilities, or goods for a celebration of a same-sex marriage. The amendment also confirms that existing religious liberty protections under the Constitution and federal law are unaffected by the measure, and states that the bill would not authorize the federal government to recognize polygamous marriages, after some conservative advocates had argued it would. The amendment also states that the bill will not be us
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