The US Senate has advanced historic federal protections for same-sex marriage, demonstrating the nation’s and Congress’s progress on the matter. The legislation, which ensures that same-sex marriages are recognized by the federal government and across state lines, advanced in a procedural vote on November 16, receiving support from 62 senators, including 12 Republicans.

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A key litmus test of support for the Respect for Marriage Act was the 62 to 37 vote. The Senate easily overcame the 60-vote procedural requirement necessary to advance the legislation with the support of 12 Republican senators. 

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The Senate could vote on the bill’s final passage before Thanksgiving or it could be postponed until after the holiday, depending on how the timing works out. However, the vote on November 16 is significant because it demonstrates the bill’s strong bipartisan support and its filibuster-proof majority.

Same-sex marriage bill has been stuck in Senate since 2009

Due to a lack of momentum and opposition from both parties, legislation meant to protect same-sex marriage has been stuck in the Senate since 2009. Given how divided Congress has been in establishing safeguards for other rights, such as the right to an abortion and the right to vote, the broad base of support for this bill is also noteworthy.

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The bill will become law after the Senate approves it and sends it to US President Joe Biden’s desk because the House passed it earlier this year. Upon becoming law, the proposal would nullify the 1996 Defense of Marriage Act, which established marriage as a union between a man and a woman. It would also compel states to recognize same-sex unions and inter-racial unions, even if they made efforts to restrict them.

In 2015, Obergefell v. Hodges established the legality of same-sex unions. But after the Supreme Court overturned Roe v. Wade in June, Justice Clarence Thomas hinted in a judicial opinion that he might be open to reconsidering the ruling. Legislators enacted protections after becoming concerned that same-sex marriage might soon be subject to state-level regulation similar to that governing abortion.

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However, unlike Obergefell, the bill does not go as far in requiring states to issue marriage licenses to same-sex couples, and it may also face legal challenges. Nevertheless, the legislation represents an important step forward and will offer millions of Americans a crucial safety net.