Same-Sex Marriage Legislation Clears Key Senate Hurdle with Republican Support

Legislation to protect same-sex and interracial marriages crossed a major hurdle in the Senate, putting Congress on track to take the historic step of ensuring that such unions are enshrined in federal law.

Twelve Republicans voted with all Democrats to move forward on the legislation. 

The Senate voted 62-37 to advance the bill, with 37 Republicans trying and failing to block the same-sex marriage protections. A final vote could come as soon as this week or could come later in November. 

The bill has gained steady momentum since the Supreme Court decided to obliterate the federal right to abortion set half a century ago in a previous court ruling in Roe v Wade. 

An opinion from after overturning Roe from Justice Clarence Thomas suggested that an earlier high court decision protecting same-sex marriage could also 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. The new Respect for Marriage Act would also protect interracial marriages by requiring states to recognize legal marriages regardless of “sex, race, ethnicity, or national origin”.

The vote came only days after the midterm elections. Democrats retained control of the Senate but lost the House to Republicans. Now, Senate Democrats are quickly moving to pass the bill while the party still controls the House. 

It marks a rare and notable last gasp of bipartisanship by a lame-duck Congress as lawmakers looked toward an era of political gridlock. 

It also signaled a remarkable shift in American politics and culture, demonstrating how same-sex marriage, once a divisive issue, has been so widely accepted that a law to protect the rights of same-sex couples across the country could gain decisive, bipartisan majorities in both the Senate and the House. 

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