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Alito will have to find a new hobby.
Lost in all the midterm post-mortems and crypto implosion schadenfreude is a historic vote that took place in the newly lame duck Senate. This week the Senate voted to pass the Respect for Marriage Act, a bill that goes a long way toward codifying same-sex marriage on a federal level, effectively telling the various Heritage Foundation flunkies on the Roberts court to keep their grubby mitts off. Cool, now do abortion rights.
The Dobbs decision, a poorly reasoned, mean-spirited opinion written by Justice Samuel Alito with all the charm of canker sore, finally motivated Dems and the few Republicans yet to renounce their humanity to codify same-sex marriage into law. The act stops short of forcing individual states to issue same-sex marriage licenses but it does require all states to recognize same-sex marriages from all states where its legal. It also recognizes the marriages on a federal level for the purposes of programs like social security and medicare.
Post midterm Dems wasted no time in bringing the bill to a vote. No time like the present especially when Clarence Thomas drew a bright red target around Obergefell v. Hodges, the case that cleared the way for same-sex marriage, in his concurring opinion on Dobbs. The court has been telling us who they are and the Democratic leadership finally decided to believe them. This vote moves the bill to the floor for a final vote after which it can be sent to the house, which passed a version this summer, to be amended.
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Senate Majority Leader Chuck Schumer speaks to reporters after a meeting with Senate Democrats at the U.S. Capitol on Nov. 15, 2022.
MORE: House passes bill codifying same-sex marriage right, with some Republicans joining Democrats
Activists carry a rainbow flag on the West Lawn of the US Capitol Building during a protest Oct. 11, 2009.
Brendan Smialowski/Getty Images, FILE
MORE: Supreme Court opens door to overturning rights to contraceptives, same-sex relationships and marriage
Senate Majority Leader Chuck Schumer speaks to reporters after a meeting with Senate Democrats at the U.S. Capitol on Nov. 15, 2022.
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Twelve Republicans joined Democrats to start formal debate on the bill.
The Senate is poised to soon pass landmark legislation to federally enshrine both same-sex and interracial marriage rights , amid what Democrats call a worry that the Supreme Court's conservative majority could overturn protections for both.
The first key test vote was Wednesday to start formal debate on the bill.
That procedural hurdle was cleared with a 62-37 vote, with 12 Republicans joining the 50-member Democratic caucus.
While that had set the measure on a track to pass as early as Thursday, ahead of the the week-long Thanksgiving recess, a Democratic leadership aide told ABC News that a final vote has since been postponed until after the holiday.
Majority Leader Chuck Schumer said Thursday that the Senate would take another procedural vote on the proposal, though its supporters had hoped to expedite or surpass this step after Wednesday's vote showed a filibuster-proof majority backed the bill. It wasn't not clear how many or which Republicans were forcing this additional vote.
The 12 Republicans who voted yes on Wednesday were Susan Collins of Maine, Rob Portman of Ohio, Thom Tillis of North Carolina, Mitt Romney of Utah, Shelley Moore Capito of West Virginia, Cynthia Lummis of Wyoming, Dan Sullivan of Alaska, Roy Blunt of Missouri, Richard Burr of North Carolina, Joni Ernst of Iowa, Todd Young of Indiana and Lisa Murkowski of Alaska.
“Individuals in same-sex marriages and interracial marriages need and deserve the confidence and the certainty that their marriages are legal and will remain legal,” Sen. Tammy Baldwin, D-Wisc., a lead co-sponsor of the bill and the first openly LGBTQ woman elected to Congress, has said. “These loving couples should be guaranteed the same rights and freedoms as every other marriage.”
“I know passing the Respect for Marriage Act is as personal as it gets for many senators and their staffs, myself included,” Schumer said this week. He noted his own daughter and her wife, who are married, are expecting a baby in February.
Schumer has argued that the concurring opinion issued by Supreme Court Justice Clarence Thomas overturning Roe. v. Wade this summer, in which he said the court “should reconsider” the case granting the nationwide right to gay marriage, put the rights of LGBTQ Americans in jeopardy.
Other justices on the high court had taken pains to distance Thomas' view from the majority opinion reversing Roe.
The Respect for Marriage Act would “require the federal government to recognize a marriage between two individuals if the marriage was valid in the state where it was performed,” according to a summary from the bill’s sponsors, including Congress’ first openly bisexual woman in the Senate, Kyrsten Sinema, D-Ariz., along with Susan Collins, R-Maine, Rob Portman, R-Ohio, and Thom Tillis, R-N.C.
The bill would not require any state to issue marriage licenses contrary to its laws but would mandate that states recognize lawfully granted marriages performed in other states, including same-sex and interracial unions.
For Portman, whose son came out to him as gay several years ago, it’s about giving people “security in their marriages.”
“It’s important to give people comfort that they won’t lose their rights as they move from state to state. It’s a pretty simple bill,” he previously said, adding that the American people have evolved to support the issue and Congress should too.
But ahead of Wednesday's vote, some Republicans called the legislation unnecessary.
“I think it’s pretty telling that Sen. Schumer puts a bill on the floor to reaffirm what is already a constitutional right of same-sex marriage, which is not under any imminent threat, and continues to ignore national security and not take up the defense authorization bill,” said Sen. John Cornyn, R-Texas, referring to the annual defense policy bill that has yet to be passed by the chamber this year.
Sen. John Thune, R-S.D., in charge of the vote operation for the GOP conference, has said he would not support the legislation but also made clear he would not be whipping against the measure.
Notably, Senate Minority Leader Mitch McConnell, R-Ky., steadfastly refused to say how he would vote on the proposal before. He ultimately voted "no" on Wednesday.
A similar bill passed the House in July with 47 Republicans voting in favor, but its Senate sponsors, in order to garner enough GOP support for final passage, had to amend the legislation to add specific religious liberty and conscience protections.
Schumer also pushed off a vote past the midterms, hoping to draw more conservative votes in the Senate once the political considerations of the campaign had passed.
The bill, once through the Senate and then approved by the House for a second time, would be sent to President Joe Biden for his signature.
ABC News' Alexandra Hutzler and Allison Pecorin contributed to this report.
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The Senate on Wednesday passed the Respect For Marriage Act, which would fortify marriage rights as the conservative Supreme Court that has signaled it could move to restrict them. The amended bill now heads back to the House, which will vote to send it to President Joe Biden for final approval.

The advancement of the bill is a notable feat considering it faced the 60-vote filibuster in the Senate, which meant at least 10 Republicans needed to split with their party and support the bill. The bill passed by a vote of 62-37. Sen. Ben Sasse (R-Neb.) was absent attending to his wife who according to a statement from Sasse’s office to Politico “had a significant — but non-life-threatening — seizure” over the weekend. The legislation aims to officially repeal the 1996 Defense of Marriage Act (DOMA), which defined marriage as being exclusively between a man and a woman. DOMA was superseded in 2015 by the Supreme Court’s ruling in Obergefell v. Hodges , which established same-sex marriage a right under the 14th Amendment. The bill would require states to recognize the validity of a marriage so long as it was legal in the state it took place in.

Following the death of Roe v. Wade in June, Justice Clarence Thomas indicated that he believed every Supreme Court decision justified under the 14th Amendment’s substantive due process precedent should be reconsidered . These cases include landmark civil rights rulings including the right to contraception, the overturning of sodomy laws, and the right to marriage for same-sex couples.

Thomas’ indication that the court could potentially reassess these rights was a driving factor in the reintroduction of the RMFA, which was originally penned in 2009 and had failed to pass the muster of Congress on various occasions. “I, along with my Democratic colleagues, will not be idle bystanders while the constitutional rights and freedoms that underpin our democracy are shredded,” Rep. Jerrold Nadler (D-N.Y.) said in July following the passage of the act in the House . Nadler implored the Senate to “provide much needed stability and certainty for the families that have been shaken to their core by Justice Thomas’ concurring opinion in Dobbs v. Jackson. ”

Republicans criticized the RFMA as an attack on religious liberty, with some agreeing to vote for the bill if carve outs were made protecting religious liberty. Responding to concerns, a bipartisan group of senators delayed the vote until after the midterms, crafting an amendment to the bill addressing the question. In a joint statement released Tuesday, Sens. Tammy Baldwin (D-Wisc.), Susan Collins (R-Maine), Rob Portman (R-Ohio), Kyrsten Sinema (D-Ariz.), and Thom Tillis (R-N.C.) affirmed that the bill includes “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 .”

Sen. Mike Lee (R-Utah) wrote on his personal Twitter account , however, that the bill poses “legal threats for holding sincere religious beliefs or convictions,” and that the existing protections “can only be described as severely anemic.”

Religious institutions in Mike Lee’s own state disagree. In a surprise move the Mormon Church came out in support of the bill on Tuesday, stating that while same-sex marriage remains outlawed within their religion they are reassured the RFMA “includes appropriate religious freedom protections while respecting the law and preserving the rights of our LGBTQ brothers and sisters.”

Lee voted no, but his colleague in Utah, Mitt Romney, broke from his party and voted in favor of the legislation, releasing a statement explaining that his colleagues in the Senate assuaged his concerns about religious liberty and that while he believes “in traditional marriage Obergefell is and has been the law of the land upon which LGBTQ individuals have relied,” and that the legislation “provides certainty to many LGBTQ Americans.”
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