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- The U.S. Senate on Tuesday passed a bill to protect same-sex and interracial marriage. The bill, known as the Respect for Marriage Act, will need final approval from the U.S. House of Representatives before it heads to President Joe Biden's desk.
- If signed into law, the bipartisan bill would require all 50 states to recognize all legal same-sex marriages across the country. Tuesday's vote was part of a final push for congressional Democrats to pass their agenda before Republicans gain majority of the House next year.
- The vote came amid fear from Democrats that the landmark 2015 Supreme Court case Obergefell v. Hodges, which legalized gay marriage, could be overturned following the Supreme Court's decision to overturn Roe v. Wade.
- While the Respect for Marriage Act would not codify Obergefell, it would require states that ban same-sex marriages to recognize legal same-sex marriages from other states, in the event that Obergefell is overturned. It would also protect interracial marriages by requiring states to recognize legal marriages regardless of "sex, race, ethnicity, or national origin."
Follow Newsweek's live blog for the latest updates.
Pelosi Says Act Stops 'Right-wing Extremists'
Speaker of the House Nancy Pelosi said that the Respect for Marriage Act will "prevent right-wing extremists from uprooting legal precedent" established by the U.S. Supreme Court on same-sex marriage, pointing to the overturn of Roe v. Wade as an example.
Pelosi wrote on her Twitter account Tuesday that the Senate "took an historic step forward" by passing the bill, adding that the new law will tear "the bigoted, unconstitutional 'Defense of Marriage Act' off the books for good."
"Since the Supreme Court's monstrous decision overturning Roe, extreme MAGA Republicans have set their sights on additional freedoms," Pelosi continued in her thread. "In his opinion, Clarence Thomas explicitly called on the Court to reconsider the right to marriage equality handed down in its Obergefell decision."
Today, the Senate took an historic step forward in Democrats’ fight to defend freedom, dignity and equality. The Respect for Marriage Act will uphold marriage equality under federal law – tearing the bigoted, unconstitutional 'Defense of Marriage Act’ off the books for good.
— Nancy Pelosi (@SpeakerPelosi) November 30, 2022
Same-sex marriage has been considered legal in the United States since the high court's decision in 2015 on the Obergefell v. Hodges case. However, given that the court recently undid over 40 years of legal precedent in June by overturning the federal protection for abortion in Dobbs v. Jackson, fears have surged that LGBTQ protections could be reconsidered next.
Other House Democrats also celebrated the Respect for Marriage Act's passage on Twitter Tuesday, including Texas Representative Sylvia Garcia, who said that the bill will "provide crucial safeguards for same-sex and interracial couples."
"I look forward to voting for this bill again in the House so we can send it to @POTUS for his signature," Garcia added.
Today the Senate passed the Respect for Marriage Act to provide crucial safeguards for same-sex and interracial couples.
— Rep. Sylvia Garcia (@RepSylviaGarcia) November 29, 2022
I look forward to voting for this bill again in the House so we can send it to @POTUS for his signature.
Let’s get this done.
#RespectForMarriageAct ? pic.twitter.com/LyS6OZX3rB
Representative Jerry Nadler, a Democrat from New York who first introduced a version of the bill in 2009, added that he was also looking forward to sending the new act to the "president's desk."
"Today we take another monumental step in our decades long fight to protect same-sex and interracial marriage," read a statement from Nadler's Twitter.
Today, the Senate passed the #RespectforMarriageAct. I first introduced this bill more than a decade ago to codify marriage equality. I look forward to passing this bill out of the House again and onto the President’s desk. pic.twitter.com/Ds65UgazyL
— Rep. Nadler (@RepJerryNadler) November 29, 2022
Lee Says Bill Is 'Discouraging'
Utah Senator Mike Lee, along with Oklahoma Senator and fellow Republican James Lankford, raised concerns that the Respect for Marriage Act threatens religious freedoms following the bill's passage.
In a statement posted to Twitter, Lee expressed discontent that the chamber had struck down his religious amendment to the bill Tuesday, which would have "prevented the government from retaliating against religious individuals and institutions" who do not support same-sex marriage.
"This is a discouraging development in our country's storied history of protecting the free exercise of religion," read the statement.
— Mike Lee (@SenMikeLee) November 29, 2022
The Senate also struck down an amendment proposed by Lankford, who wrote on Twitter Tuesday night that the bill "isn't about equality."
"It's about making some people's rights more important than others," Lankford said. "I voted against this bill because it will lead to violations of Americans' constitutional right to live their faith."
The Respect for Marriage Act isn’t about equality. It’s about making some people’s rights more important than others. I voted against this bill because it will lead to violations of Americans’ constitutional right to live their faith.
— Sen. James Lankford (@SenatorLankford) November 29, 2022
The Senate's bill that passed Tuesday does include a provision that states' religious organizations will not be required to perform same-sex marriage ceremonies or provide facilities to such celebrations.
Lankford argued on the chambers' floor earlier in the day that the current provision was too broad without his additional amendment and worried religious organizations would "have a target on them" under the new law.
Biden Praises Bipartisan Achievement
President Joe Biden praised the Senate's passage of the Respect for Marriage Act Tuesday, adding that he is looking "forward" to signing the act into law if the bill passes also passes in the U.S. House of Representatives.
In a statement released by the White House, Biden said that the country "is on the brink of reaffirming a fundamental truth: Love is love, and Americans should have the right to marry the person they love."
"Importantly, the Senate's passage of the Respect for Marriage Act is a bipartisan achievement," Biden noted. "I'm grateful to the determined Members of Congress—especially Senators Baldwin, Collins, Portman, Sinema, Tillis, and Feinstein—whose leadership has underscored that Republicans and Democrats together support the essential right of LGBTQI+ and interracial couples to marry."
Twelve Republican Senators voted in favor of the bill Tuesday, joining Senate Democrats to pass the bill 61-36.
By a vote of 61-36, the #Senate passed H.R.8404, Respect for Marriage Act, as amended. 60-vote affirmative threshold.
— Senate Press Gallery (@SenatePress) November 29, 2022
GOP YEA Blunt, Burr, Capito, Collins, Ernst, Lummis, Murkowski, Portman, Romney, Sullivan, Tillis & Young
Not Voting - Sasse, Toomey, & Warnock
Collins Says Vote an 'Historic Step'
Two of the Republican senators who voted Tuesday for the Respect for Marriage Act reacted to the bill's passage in statements posted on Twitter.
The bill received a 61-36 vote in the U.S. Senate on Tuesday following three unsuccessful amendment votes. The bill will now go back to the U.S. House of Representatives for approval before heading to President Joe Biden's desk for his signature.
Twelve Republicans joined Democrats in voting for the bill on Tuesday.
Susan Collins of Maine was among the Republican senators who voted for the bill. She said the vote is a "historic step" to "help prevent discrimination, promote equality and protect the rights of all Americans."
"Our bill would help ensure everyone is treated with respect and dignity," Collins' statement said.
Tonight, the Senate took a historic step to help prevent discrimination, promote equality and protect the rights of all Americans by passing the Respect for Marriage Act that @SenatorBaldwin and I authored. Our bill would help ensure everyone is treated with respect and dignity.
— Sen. Susan Collins (@SenatorCollins) November 29, 2022
Alaska Senator Lisa Murkowski, another Republican who joined Collins in voting to move the legislation forward, also released a statement after the vote saying she is "proud" to support the bill.
"This bill protects the marriage of countless couples across the country," Murkowski said. "States will continue to set their own definitions of marriage, the federal government will be required to recognize all lawful marriages, and no out-of-state marriages will be able to be defined on the basis of sex, race, ethnicity, or national origin."
Murkowski's statement went on to say that she has "long supported marriage equality" and thinks that "all lawful marriages deserve respect."
"All Americans deserve dignity, respect, and equal protection under the law," she said.
I was proud to vote in favor of the Respect for Marriage Act, which just passed the Senate in a vote of 61-36. https://t.co/owdim3thBL
— Sen. Lisa Murkowski (@lisamurkowski) November 29, 2022
Bill Passes 61-36
The U.S. Senate passed the Respect for Marriage Act with bipartisan support on Tuesday.
Sixty-one senators voted in favor of the bill and 36 voted against it.
The amended bill will now go back to the U.S. House of Representatives for approval. The House passed an earlier version of the bill over the summer, also with bipartisan support. Once the House approves the bill, it will head to President Joe Biden's desk for him to sign it into law.
Prior to the Senate's final vote on the bill Tuesday evening, senators voted on three religious liberty amendments proposed by GOP senators. None of those three amendments received the number of votes needed in order to make it onto the bill.
By a vote of 61-36, the Senate passed Cal. #449, H.R.8404, Respect for Marriage Act, as amended.
— Senate Periodicals (@SenatePPG) November 29, 2022
Final Vote Begins
The U.S. Senate began its final vote on the Respect for Marriage Act shortly before 6 p.m. ET on Tuesday. At least 60 votes in favor of the bill are needed in order for it to pass.
The final vote followed three votes for proposed amendments on religious liberty, all of which failed to receive the support needed to move forward.
The Respect for Marriage Act passed over the summer in the U.S. House of Representatives with bipartisan support. The bill is expected to pass during the Senate's final vote on Tuesday, after which the House will need to approve it before President Joe Biden can sign it into law.
The Senate is now voting on Passage of Cal. #449, H.R.8404, Respect for Marriage Act, as amended. 60-vote affirmative threshold.
— Senate Periodicals (@SenatePPG) November 29, 2022
Rubio Amendment Fails
The religious liberty amendment proposed by Florida Senator Marco Rubio did not receive the necessary number of votes needed in order to become part of the Respect for Marriage Act during a Tuesday vote in the U.S. Senate.
The amendment received 45 "yes" votes and 52 "no" votes.
Rubio's proposed legislative addition was the third religious liberty amendment to fail in votes held Tuesday afternoon. The Senate will soon hold a final vote on the bill, which is expected to pass. Once it passes, it will head back to the U.S. House of Representatives for approval and then go to President Joe Biden for his signature.
Voting Begins on Rubio Amendment
The U.S. Senate began voting Tuesday evening on an amendment to the Respect for Marriage Act proposed by Republican Senator Marco Rubio of Florida.
The amendment is the third religious liberty amendment proposed by a GOP senator ahead of the Senate's final vote on the bill, which is expected to take place later Tuesday.
The two other religious liberty amendments, proposed by Senators Mike Lee of Utah and James Lankford of Oklahoma, did not receive the number of votes needed in order to move forward.
Lankford's Amendment Fails
The U.S. Senate on Tuesday rejected an amendment to the Respect for Marriage Act proposed by Oklahoma Senator James Lankford.
There were 45 "yes" votes and 52 "no" votes, which means the amendment will not be added to the bill.
Not adopted, 45-52: Lankford amendment #6496, in relation to Cal. #449, H.R.8404, Respect for Marriage Act.
— Senate Periodicals (@SenatePPG) November 29, 2022
The amendment needed a simple majority to pass. It was one of three religious liberty amendments that Republican senators proposed ahead of the bill's final vote, which is expected to happen later Tuesday. One of those other amendments proposed by Utah Senator Mike Lee, also failed to pass.
The Senate will next vote on the third religious liberty amendment before heading to a final vote.
Senate Debate 'Strange' to Watch, Buttigieg Says
Secretary of Transportation Pete Buttigieg responded to the U.S. Senate's debate over marriage equality legislation in a Tuesday tweet.
Buttigieg, who married his husband two years before running to become the Democratic Party's 2020 presidential nominee, said it is a "strange feeling" to "see something as basic and as personal as the durability of your marriage come up for debate on the Senate floor."
"But I am hopeful that they will act to protect millions of families, including ours, and appreciate all that has gone into preparing this important legislation to move forward," he added.
Strange feeling, to see something as basic and as personal as the durability of your marriage come up for debate on the Senate floor.
— Pete Buttigieg (@PeteButtigieg) November 29, 2022
Senators gathered Tuesday afternoon to vote on three proposed GOP amendments to the bill. Senators are expected to hold a final vote later Tuesday. The bill is expected to pass with bipartisan support.
Senate to Vote on Senator Lankford's Amendment
After rejecting Senator Lee's amendment, the Senate will now vote on the amendment from Republican Senator James Lankford of Oklahoma.
The amendment to the Respect for Marriage Act only needs a simple majority to pass.
The Senate is now voting on the Adoption of the Lankford amendment #6496, in relation to Cal. #449, H.R.8404, Respect for Marriage Act.
— Senate Periodicals (@SenatePPG) November 29, 2022
Senate Rejects Senator Lee's Amendment
The Senate rejects Republican Senator Mike Lee's amendment to the Respect for Marriage Act.
There were 48 "Yes" votes and 49 "No" votes, striking down the addition to the bill.
The amendment needed 60 votes to pass the threshold.
Senators will now vote on two other amendments prosed by Republican Senators James Lankford of Oklahoma and Marco Rubio of Florida.
By a vote of 48-49, the amendment was not adopted: Adoption of Lee amendment #6482, in relation to Cal. #449, H.R.8404, Respect for Marriage Act. 60-vote affirmative threshold.
— Senate Periodicals (@SenatePPG) November 29, 2022
Americans 'Want Us to Settle This Issue,' Portman Says
Republican Senator Rob Portman of Ohio said Americans across the country "want us to settle" the issue of marriage equality during remarks he delivered ahead of a Senate floor vote on the Respect for Marriage Act.
Portman is one of 12 GOP senators who voted to advance the bipartisan legislation on Monday. The bill is expected to pass following a final vote on Tuesday, after which it will advance to the House of Representatives for approval.
Earlier Tuesday afternoon, some GOP senators who oppose the bill spoke against it and urged their Republican colleagues to join them in voting it down. Portman disputed many of the allegations they made about the ways in which they said religious liberties would be impacted by the legislation if it passes.
Portman said LGBTQ rights "can coexist" with protections for religious freedom under the proposed legislation.
"And that's the major point here: they can coexist," Portman said. "That's what our legislation proves. That's why it deserves the support, in my view, of our colleagues."
Portman went on to encourage his Republican colleagues to vote in favor of the bill.
"I urge them to join me in taking this path forward to pass this bill with the same overwhelming bipartisan support we saw in the House of Representatives," Portman said. "The American people want us to settle this issue. And millions of American couples who are married, including many in Ohio, are counting on us to recognize and protect their marriage and give them the peace of mind that they deserve."
Senate Votes on Senator Lee's Amendment
The Senate is now voting on the adoption of Republican Utah Senator Mike Lee's amendment to the Respect for Marriage Act.
His amendment needs 60 votes in order to pass.
There will be two more votes on GOP amendments this afternoon.
The Senate is now voting on adoption of Lee amendment #6482 (To improve the bill), in relation to Cal. #449, H.R.8404, Respect for Marriage Act. (60-vote affirmative threshold)
— Senate Periodicals (@SenatePPG) November 29, 2022
Senator Lankford Says Bill Will Restrict Religious Entities
Republican Senator James Lankford of Oklahoma spoke on the Senate floor to outline the issues with the Respect for Marriage Act that his amendment would correct.
He began by quoting former President Barrack Obama from after the Obergefell decision legalized same-sex marriage. At the time, Obama said he supported the court's decision but emphasized that the views of those who opposed due to their religious beliefs on marriage should be respected.
Lankford said his amendment would ensure religious freedoms are protected, along with the legality of same-sex unions, by correcting three main issues.
First, he said the section that discusses restrictions for entities under state law is too broad and would adversely impact faith-based organizations contracted by state governments. He said this bill would place new restrictions on religious organizations that work on behalf of the state and "push them out" from providing services like adoption, foster care and homeless shelters.
Lankford said these entities would "have a target on them" under state law and would be forced to either not provide services or abandon their faith.
The second issue deals with private right action. Lankford said that this RFMA would allow anyone who feels harmed by an individual or institution to sue, but does not define was "harmed" means. He said if this bill is passed as written, it would allow for several new lawsuits to test the definition under state law.
All Americans deserve respect. The Democrats’ marriage bill undermines our nation’s respect for religious liberties. pic.twitter.com/TiKOXSux4a
— Sen. James Lankford (@SenatorLankford) November 29, 2022
Lankford said the private right action goes "above and beyond" the law and serves to silence individuals who disagree with same-sex marriage and discourage faith-based entities from cooperating with government.
Finally, Lankford said the language in the section about entities losing their non-profit status is "vague" but the intention is clear.
He said called the line stating "if the right does not arise from a marriage" vague, saying it does not include beliefs about marriage. His amendment would include the word "belief" to ensure that entities with different beliefs will not lose contracts with the state. Without this clarification, Lankford said the bill would have to be litigated in courts to determine its meaning.
While Democrats say it is not their intention to place restrictions on religious organizations, Lankford said courts do rule on intention, they rule on text.
With those three issues resolved, Lankford said religious groups will not have to surrender their beliefs in order to partner with the states.
"Is today about the respecting the rights of all, or silencing some and respecting others?" he asked the Senate.
Lee Advocates for Religious Freedom Amendment
Utah Senator Mike Lee urged Republican senators thinking about supporting the Respect for Marriage Act to reconsider if his proposed amendment does not pass.
Lee is one of three GOP senators who has proposed that a religious freedom amendment be added to the bill. The Senate is expected to vote on all three amendments, as well as hold its final vote, on Tuesday.
In his remarks Tuesday on the Senate floor, Lee said there is "no existing threat" to same-sex marriage but that religious liberty is under threat. If the bill passes, Lee said it will "have profound consequences for people of faith," many of whom he said "are being hauled into courts across this country for serving the poor, the needy and the refugee in compliance with their sincerely held religious beliefs."
Lee said he is "willing to compromise" and that he will support the bill "if my amendment is adopted." If his amendment does not pass, Lee urged Republican senators who are considering voting for the bill to change their minds and only vote for its passage if his amendment is approved.
The final vote comes just five months after the U.S. Supreme Court voted to overturn Roe v. Wade. Senate Majority Leader Chuck Schumer said in opening remarks on the Senate floor Tuesday afternoon that a vote on the Respect for Marriage Act was necessary in light of the decision overturning Roe v. Wade, citing concerns among many Democrats that same-sex marriage could also be threatened under a more conservative Supreme Court.
LIVE NOW: @SenMikeLee offers his amendment to protect religious liberty against the deceptively named "Respect for Marriage ACT"
— Heritage Foundation (@Heritage) November 29, 2022
?? "We do a disservice to all Americans if we elevate one group over the other group" pic.twitter.com/v51uAbIAGE
Colorado Senator Remembers Club Q Victims
As the Senate returns to session, Colorado Senator Michael Bennet spoke about the "historic" Respect for Marriage Act while honoring the victims of the recent shooting at an LGBTQ club in his state.
Bennet said Colorado has long "led the way" on equality but said the shooting at Club Q is a reminder of "how far we have to go."
He said the club was the center of community building in Colorado Springs where people "could be their true selves" and "live without fear."
Bennet displayed large poster boards with the photos of each of the five victims and gave a brief description of who they were.
He also thanked the two men who stopped the gunman, adding that no one enjoying time with their friends and family should have to "go into combat mode" like those two heroes did.
"Colorado is hurting," he said. "We are tired of this."
As the Senate makes a significant step towards equality, Bennet said he and his colleagues are reminded how much work is left to do to "give their children the safe and accepting future they deserve."
After the Supreme Court overturned Roe v. Wade and took aim at the right to privacy, Bennet said the court may go after the right to marry who you love.
He said that decision should be a reminder for everyone that the country is in a battle between the "highest ideals" written in the Constitution and "the worse impulses of human history."
"We don't remain free by denying the freedoms of others," Bennet said.
While the Senate is on the "precipice of advancing equality, tomorrow we have more work to do," he added.
Lankford Says Bill Is About 'Silencing' People Who Disagree
Senator James Lankford of Oklahoma is among the Republican senators voicing opposition to marriage equality legislation, saying the bill expected to face a final vote on Tuesday "isn't about equality."
"All Americans should be honored and no one should be discriminated against—no one," Lankford said in a Monday tweet. "The Respect for Marriage Act isn't about equality or maintaining the status quo. It is about silencing and disadvantaging people that disagree."
All Americans should be honored and no one should be discriminated against—no one. The Respect for Marriage Act isn’t about equality or maintaining the status quo. It is about silencing and disadvantaging people that disagree. pic.twitter.com/xp4JbZczdm
— Sen. James Lankford (@SenatorLankford) November 28, 2022
In a statement released by his office earlier this month, Lankford said he thinks the bill "will lead to the violation of Americans' religious liberty and their constitutional freedom to live their faith."
Lankford was not among the 12 Republican senators who voted Monday in favor of advancing the bill to a final vote. He is one of three GOP senators who has proposed the addition of a religious liberty amendment. The Senate is expected to vote on all three amendments Tuesday afternoon before holding a final vote.
The bill is expected to pass its final vote with bipartisan support.
Twelve GOP Senators Voted to Advance Bill
Twelve Republican senators voted Monday to advance the Respect for Marriage Act to a final vote, which is due to take place Tuesday afternoon.
Sixty votes are needed for the bill to pass. The Senate is first expected to vote on three proposed amendments. Those amendment votes are expected to begin at about 3:45 p.m. ET.
On Monday, the Senate decided to end debate over one of the proposed amendments, which concerns religious freedom. That 61-35 vote enabled the bill to move forward to a final Senate floor vote.
Twelve Republican senators voted in favor of moving the bill to a final vote. Those senators were: Roy Blunt of Missouri, Richard Burr of North Carolina, Shelley Moore Capito of West Virginia, Susan Collins of Maine, Joni Ernst of Iowa, Cynthia Lummis of Wyoming, Lisa Murkowski of Alaska, Rob Portman of Ohio, Mitt Romney of Utah, Dan Sullivan of Alaska, Thom Tillis of North Carolina and Todd Young of Indiana.
The Senate is expected to pass the bill on Tuesday. Once passed, it will head to the House for approval and then to President Joe Biden for his signature.
Senate in Recess
The Senate is currently in recess until 2:15 p.m. ET.
When the session began at noon, Majority Leader Chuck Schumer of New York spoke about the Respect for Marriage Act (RFMA) and his meeting with President Biden.
Minority Leader Mitch McConnell spoke next, talking about the protests in China over the "zero-Covid" policy and U.S. defense spending in Ukraine.
When Senators return after the break, they will vote on the amendments proposed by Republicans to the RFMA before holding a final vote on the bill.
Schumer Explains Why Vote Was Delayed
U.S. Senator Chuck Schumer of New York opened the Senate's Tuesday session by introducing the forthcoming vote on the bipartisan marriage equality legislation, which is expected to soon reach President Joe Biden for his signature.
The vote could have happened earlier this year, Schumer said, but more time was needed to assemble bipartisan support.
Schumer, who told his colleagues that he was wearing the same tie he wore at his daughter's wedding, recalled having a discussion with his daughter and her wife about two years ago when he and his family first learned of the death of former U.S. Supreme Court Associate Justice Ruth Bader Ginsberg. At the time, Schumer said there was concern about whether the right to marriage equality could be threatened with a changing Supreme Court.
"It's a scary but necessary acknowledgement that, despite all the progress we've made, the constitutional right to same-sex marriage is not even a decade old, and exists only by the virtue of a very narrow five-to-four Supreme Court decision. And we all know the court has changed since that decision," Schumer said.
Schumer cited the Supreme Court's decision earlier this year overturning Roe v. Wade as one reason why Tuesday's vote on marriage equality is important.
Schumer acknowledged that the bill passed in the U.S. House of Representatives over the summer and said he initially planned to hold a vote in September. But at that time, Schumer said he was uncertain if there were at least 60 senators ready to vote in favor of the bill's passage.
"For a great number of us, for so much of America, this bill was too important to risk failure," Schumer said.
Schumer thanked his colleagues on both sides of the aisle who worked to secure the 60 votes needed to pass the bill. "Because of our work together, the rights of tens of millions of Americans will be strengthened under federal law," he said. "That's an accomplishment we should all be proud of."
The Senate will first vote on three proposed amendments before holding its final vote, Schumer said. If the bill passes as expected, it will then go to the House for approval before heading to Biden's desk.
Schumer concluded his remarks about the bill by saying his first call once it passes will be to his daughter and daughter-in-law.
Conservative Think Tank Says Bill Would 'Upend' Society
A conservative think tank focused on preserving traditional family values is calling on the Senate to include religious protections in the Respect for Marriage Act ahead of Tuesday's vote.
The American Principles Project (APP) is asking Senators to approve amendments to the bill from Republicans that would protect religious institutions that oppose same-sex marriage. APP said the bill, that would repeal the Defense of Marriage Act, "threatens millions of Americans who hold traditional views on marriage."
‼️ The so-called “Respect for Marriage Act” would formally repeal the Defense of Marriage Act, override numerous state laws, and threaten millions of Americans who hold traditional views on marriage. pic.twitter.com/0EyJGYDwKC
— American Principles ?? (@approject) November 29, 2022
APP President Terry Schilling said Democrats are proposing a policy change that would "radically upended" society.
"H.R. 8404 claims to respect the religious liberty of Americans who hold to traditional marriage, but if it were to pass as it stands, nothing in the bill would protect those Americans from facing severe penalties for their beliefs," Schilling said in a statement.
He said "at the very least," Senator Mike Lee's amendment should be included to "safeguard the rights of Americans of faith."
"We strongly urge GOP senators to push for inclusion of the Lee Amendment in the final legislation," Schilling added. "And if those protections are not included, for the sake of their religious constituents, Republicans must vote down the bill."
Missouri Secretary of State Urges Senator to Oppose Bill
Missouri's Secretary of State is urging Senator Roy Blunt to vote against the Respect for Marriage Act Tuesday.
In a letter to Blunt, John "Jay" Ashcroft said the Respect for Marriage Act (RFMA) "runs afoul of traditional principles of federalism," emboldens "an already weaponized" Justice Department and "is simply counter to Missourians' overwhelming desire that marriage be between a man and a woman."
Blunt was one of the 12 Republicans who joined Democrats in voting for the legislation to protect same-sex marriages and is expected to vote in support of the bill again this afternoon.
Ashcroft argues that marriage is under states' authority to "regulate the subject of domestic relations" and that the U.S. Constitution give states, not the federal government, "full power over the subject of marriage."
Earlier today, I wrote to Senator Roy Blunt urging him to use whatever means possible to stop the passage of HB 8404, S. 4556: the Respect for Marriage Act (RFMA). pic.twitter.com/pJpTuDNCcO
— Jay Ashcroft (@JayAshcroftMO) November 29, 2022
Ashcroft also argues that Missourians overwhelmingly believe in heterosexual marriage, noting an amendment in the state constitution that "marriage shall exist only between a man and a woman."
He also joins the concerns of other Republican lawmakers that the bill will harm religious freedoms and will allow the Justice Department to go after religious institutions who believe in traditional marriage.
"Like the vast majority of Missourians, I believe marriage is the exclusive, lifelong, conjugal union between one man and one woman, and any departure from that design hurts the indispensable goal of having every child raised in a stable home by a mother and father," he said in the letter. "This legislation is clearly an attack on traditional marriage and undermines the family - the foundation of any civilized society's success."
He added that it is "highly inappropriate" to pass a "controversial" bill in a lame duck session of Democrat's leadership in Congress, "after the people of this country have so recently rejected the Congressional leadership at the ballot box."
Ashcroft also included a handwritten note at the bottom of the letter that read: "Please, I urge you to stand strong for Missourians."
Senators Convene for Vote
The U.S. Senate is convening now to discuss a bipartisan marriage equality bill.
Before the final vote, Senators are expected to hold votes on three proposed amendments. If the Senate passes the bill during their final vote, it will head back to the House before arriving at President Joe Biden's desk for him to sign.
Senators were set to convene in the chamber by 12 p.m. ET. Their debate can be streamed live on the U.S. Senate's website.
Biden Meets With Congressional Leaders
President Joe Biden held a meeting with Congressional leaders on Tuesday morning to discuss what the White House described as "legislative priorities" for the rest of the year.

The White House announced the meeting Tuesday morning. The meeting was slated to begin at 10:30 a.m. ET in the White House's Roosevelt Room.
A video of the meeting shared on social media by C-SPAN showed House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer seated near Biden, who was at the head of a long table. House Minority Leader Kevin McCarthy and Senate Minority Leader Mitch McConnell were seated beside Schumer and Pelosi.
Biden listed preventing a rail strike and agreeing on funding for the federal government, COVID-19 and support for Ukraine as among the legislative issues that members of Congress will deliberate before the end of 2022.
"We're going to find other areas of common ground, I hope, because the American people want us to work together," Biden said.
President Biden meets with Congressional Leaders: "We're going to find other areas of common ground, I hope, because the American people want us to work together." pic.twitter.com/j1OO7ZBKc1
— CSPAN (@cspan) November 29, 2022
Senate to Vote on Three GOP Amendments
The Senate agreed to vote on Republican amendments to the Respect for Marriage Act that concern religious liberty.
The debate on the amendments was ended with a 61-35 vote Monday. Senators will vote on amendments from Senators Mike Lee of Utah, James Lankford of Oklahoma and Marco Rubio of Florida Tuesday starting at 3:45 p.m.
At 3:45pm today, Tuesday, November 29, the Senate will proceed to four roll call votes on the following:
— Senate Periodicals (@SenatePPG) November 29, 2022
1. Adoption of Lee amendment #6482 (religious freedom) - 60 vote affirmative threshold.
2. Adoption of Lankford amendment #6496 (religious liberty).
1/2
While Lee's amendment will need 60 votes to be approved, Lankford's and Rubio's amendments only need a simple majority to be included in the final bill.
The amendments aim to protect religious freedoms and would protect religious liberties and would also ensure polygamous marriage is still prohibited.
Lee said his amendment would prohibit the federal government from retaliating against any person or group who has a religious or moral objection.
"In no way would my amendment impair the RFMA's ability to perform its simple, stated purpose: to protect same-sex marriage against an extremely unlikely scenario in which the Supreme Court one day decides to overturn Obergefell," Lee said in a statement.
"My amendment adds protections without creating the type of zero-sum dynamic—a virtual tug-of-war between same-sex marriage and religious freedom—that would surely follow from the bill's passage in its current form."
We still have time to protect religious liberty. We’re asking our colleagues to support my amendment. pic.twitter.com/y7JXkxNXTZ
— Mike Lee (@SenMikeLee) November 19, 2022
Rubio said religious organizations, including orphanages, women's shelters, and schools, would likely be subject to "crippling lawsuits" upon the bill's passage without key amendments.
He said the bill creates a private right action for "any person who is harmed" by any entity operating "under color of state law" that does not recognize a marriage recognized by the state in which it took place. Rubio called this phrasing "intentionally vague" and "ripe for abuse" and filed an amendment to strike the private right of action from the bill.
"This bill does not protect religious liberty. Nuns running orphanages will find themselves in court if it becomes law. That's outrageous," Rubio said in a statement. "No faith-based organization will be immune from the insanity. Christian. Jewish. Muslim. Everyone. Removing this private right of action is the only way to truly protect people and organizations of faith."
Senator Rubio filed an Amendment to protect religious liberty. https://t.co/50UqQz8fLD
— Senator Rubio Press (@SenRubioPress) November 21, 2022
Senate Expected to Pass Bill Protecting Same-Sex, Interracial Marriage
The Senate is expected to pass the Respect for Marriage Act Tuesday, that would require all states to recognize legal same-sex and interracial marriages.
The bipartisan bill would protect all same-sex and interracial marriage by requiring states to recognize legal marriages regardless of "sex, race, ethnicity, or national origin" in the state in which they were performed.
"The rights of all married couples will never truly be safe without the proper protections under federal law, and that's why the Respect for Marriage Act is necessary," Majority Leader Chuck Schumer of New York said on the Senate floor before a test vote Monday.
This bill comes as a response to the Supreme Court's decision to overturn the landmark abortion case Roe v. Wade. Democratic lawmakers fear the Court may also overturn Obergefell v. Hodges that legalized gay marriage in 2015 after comments from Justice Clarence Thomas suggested same-sex marriage protection could be threatened.
While this law does not codify same-sex marriage, it will protect all legal same-sex unions in the event that Obergefell is overturned, despite individual state bans on gay marriage.
This comes amid the Democrats' lame duck period of Congressional majority before Republicans take control of the House next year.
Three amendment votes were held in the Senate Monday, after the bill cleared a vote to break the filibuster earlier this month. In the test vote yesterday, the 12 Republicans who previously supported the bill voted again to move the law forward.
Democrats were able to negotiate a vote Tuesday for three GOP amendments that would protect the rights of religious institutions and others to still oppose such marriages.
Those GOP lawmakers in support of the bill include Thom Tillis of North Carolina, Susan Collins of Maine, Rob Portman of Ohio, Lisa Murkowski of Alaska, Joni Ernst of Iowa and Mitt Romney of Utah.
The bill is expected to pass the Senate and would go to the House for approval before it is sent to President Biden's desk to be signed into law.
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