The Senate voted to move forward with landmark legislation that would codify protections for same-sex and interracial marriages, putting it on a path to become law before a Republican-led House could kill the legislation.
Same-sex marriage supporter Vin Testa waves a rainbow pride flag in front of the Supreme Court. Drew Angerer poses for a picture.
The legislation was moved to the floor for debate after the Senate voted 62-37 on Wednesday in a procedural vote.
The 1996 Defense of Marriage Act states that marriage is between a man and a woman and would be repealed under the "Respect for Marriage Act".
The new legislation would require the federal government to give the same privileges to married couples of the same-sex that it currently gives to opposite-sex couples.
The latest version of the law was changed to clarify that religious organizations that oppose same-sex marriage won't lose their tax-exempt status.
Same-sex marriages performed in other states can't be required by the federal government. There is a chance that the Supreme Court could overturn the Obergefell ruling and restore laws that ban same-sex marriage.
The bill will be sent back to the House for final approval after the Senate passes it.
In July, the bill gained traction after the Supreme Court ruled that abortion is a federal right. Justice Clarence Thomas suggested the same precedent could be applied to the Supreme Court rulings that found parts of the Defense of Marriage Act to be unconstitutional. The 1996 law that allowed states to refuse to recognize same-sex marriages performed in other states has been repealed by the Respect for Marriage Act. The House voted in favor of the bill with the support of 47 Republicans, but Senate leaders said they would hold off on a vote until after the election, giving them more time to get Republican votes. In order to get more GOP votes, the bill was amended to clarify that marriage is between two people. The bill needs to be approved by the House since it was amended.
It's a surprising fact.
The Church of Latter-day Saints, along with other conservative groups, supported the legislation. The church supports the Respect for Marriage Act if it doesn't interfere with religious liberty.
"While I believe in traditional marriage, Obergefell is and has been the law of the land upon which LGBTQ individuals have relied," Romney said in a statement.
Democrats won't vote on same-sex marriage until after the election.
A bipartisan Senate group says it has the votes to codify same-sex and interracial marriage.
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