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Senate Advances Historic Bill to Protect Same-Sex Marriage

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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 used to deny or alter any benefit, including tax-exempt status, to an otherwise eligible person or entity.
Romney, who voted to advance the bill, told TIME that the amendment was “essential” for earning his vote, and added it provides “key religious liberty protections.” (On Tuesday night, officials in the Church of Jesus Christ of Latter-day Saints announced that the church was supporting the Respect for Marriage Act. It was a notable shift by the church, of which Romney is a prominent member, given it supported efforts in 2008 to ban same-sex marriage in California.) Portman, who backed the bill and was the first sitting Republican Senator to support same-sex marriage in 2013, says he thinks the religious exemptions language helped sway other Republicans to support the bill as well.
The U.S. House of Representatives first passed a version of the bill in July, shortly after the U.S. Supreme Court overturned the constitutional right to an abortion in Dobbs v. Jackson Women’s Health Organization . LGBTQ advocates raised alarm that Obergefell could be overturned next, after Justice Clarence Thomas issued a concurring opinion in Dobbs suggesting he’d like to revisit it. The Respect for Marriage Act passed the House 267-157 on July 19, surprising some LGBTQ advocates by garnering the support of 47 Republicans, including members of leadership. After its bipartisan passage in the House, the measure’s Senate vote was initially planned for early fall, but was abruptly delayed in mid-September after Baldwin’s coalition asked Senate Majority Leader Chuck Schumer for more time to secure needed GOP votes.
“There were concerns expressed among some of my Republican colleagues who want to be supportive of the Respect for Marriage Act, that having a vote too close to the midterms was viewed somehow as being too political,” Baldwin says. “I know from my own perspective, getting the job done and passing the Respect for Marriage Act is the important objective. No one was playing politics with this bill. So while I would have loved to see this bill advance earlier, I’m very pleased that it’s advancing this week.”
Write to Madeleine Carlisle at madeleine.carlisle@time.com and Jasmine Aguilera at jasmine.aguilera@time.com .

The Sex Party review – spiky comedy fails to satisfy
Bigotry in the bedroom … Timothy Hutton and Pooya Mohseni in The Sex Party. Photograph: Alastair Muir
Timothy Hutton on The Sex Party: ‘Do I think it will be controversial? I don’t know …’
Original reporting and incisive analysis, direct from the Guardian every morning
© 2022 Guardian News & Media Limited or its affiliated companies. All rights reserved. (modern)
Menier Chocolate Factory, London There’s tension in Terry Johnson’s tale of four couples meeting for sex and nibbles but the unruly debate isn’t deep enough
A t first, The Sex Party looks like a retro BBC sitcom about swingers, although that term is banned at this adult shindig. Four couples collect for sex and nibbles at a cool north London postcode. There is gleeful talk about getting it on and a fair share of parading around in lingerie and thigh boots.
But Terry Johnson’s spiky comedy takes us from the familiar fare of smut and sniggering double entendres to something bolder and more awkward in the sex/gender debate at its centre, even if it does not reach a satisfying end.
We only ever see what happens in the high-end kitchen (set designed by Tim Shortall) but we get a vivid idea of the action in the living room from the moans and groans we hear. In a production also directed by Johnson, the acting stays fine across the board although the characters are flimsy (Lisa Dwan especially does wonders with her part) and the star casting of Timothy Hutton stays strangely marginal for too long. He drifts on and off stage, saying little and looking like a cliched California guru in yoga pants.
The dialogue often goes off on random, unruly riffs; one character (Will Barton) talks about taking MDMA and the dialogue sounds under the influence too.
The play’s grenade is lobbed as the first act closes, with the entry of Lucy (Pooya Mohseni), a trans woman, and from here on in it feels like another play altogether. Doris Lessing, in a Penguin introduction to Lady Chatterley’s Lover, wrote that what happens in the bedroom is a “report on the sex war” outside it and it seems to be the case with this living room; suddenly, no one wants to convene there and a very live tension is in the air.
Much is flung at us, from talk of toilets to language and JK Rowling and it feels genuinely edgy. It is brave of Johnson to grapple with a debate that has become so divisive that a meeting of this kind would be unimaginable in real life. But arguments come thick and fast without being explored. Johnson seems to be shooting an arrow through the issues of the day – including, too briefly, consent – but it comes to feel like a dramatised version of Twitter.
The room exposes its bigots and we finally see the point of Hutton’s character but as more plot-points are lobbed at us in the closing moments it feels much less like a sitcom than an entire series rolled into one production.

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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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