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Senate passes landmark bill protecting same-sex marriage nationwide. It's expected to pass the House and be signed into law by Biden

Chuck Schumer
Senate Majority Leader Chuck Schumer (D-NY) gives the thumbs up as he leaves the Senate Chamber after passage of the Inflation Reduction Act at the U.S. Capitol August 7, 2022 in Washington, DC. Drew Angerer/Getty Images

  • The Senate on Tuesday passed a landmark bill that would recognize same-sex marriage nationwide.
  • Twelve Republicans voted with Democrats for the legislation.
  • The bill will head to the House, which is expected to pass it. 
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The Senate on Tuesday passed a landmark bill recognizing same-sex marriages nationwide. Twelve Republicans voted with all Democrats for the legislation, which also protects interracial marriage.

With a 61-36 vote, the bill is headed to the House, which is expected to pass it as soon as next week, and then to President Joe Biden's desk. 

Senate Majority Leader Chuck Schumer celebrated passage of the bill by wearing a purple tie he wore to his daughter's wedding to her wife, he said on Tuesday.

"For millions and millions of Americans, today is a very good day," Schumer said during a speech on Tuesday morning.

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The "Respect for Marriage Act" was first passed by the Democratic-controlled House in July amid concerns that the Supreme Court's June decision overturning Roe v. Wade could set a precedent that would also imperil its 2015 decision establishing a constitutional right to same-sex marriage. If the high court were ever to reverse its same-sex marriage ruling, the Respect for Marriage Act would ensure that all states must recognize same-sex marriages performed in another state.  

A total of 47 Republicans voted for the legislation when it passed the House in July, but the effort stalled in the Senate as lawmakers voiced concerns with religious liberty issues. Sens. Tammy Baldwin, a Wisconsin Democrat, and Susan Collins, a Maine Republican, led the bipartisan group of senators who negotiated the version of the bill that passed Tuesday. This included provisions ensuring that religious organizations would not be forced to provide goods and services for same-sex marriages or be punished for not recognizing these marriages. 

Biden praised the group of bipartisan lawmakers in a statement on Tuesday celebrating the passage of the bill, which he said he would "proudly" sign into law upon House passage.

"The United States is on the brink of reaffirming a fundamental truth: love is love, and Americans should have the right to marry the person they love," he said in a statement.

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The legislation would repeal the 1996 Defense of Marriage Act, which defines marriage as between a man and woman and blocked same-sex couples from accessing federal government benefits. DOMA was deemed unconstitutional by the Supreme Court in 2013. 

Large majorities of the American public support same-sex marriage rights. A June Gallup poll found 71% of Americans support marriage equality.

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