The Senate decides to recognize same-sex marriage

With the support of 12 Republicans, the Senate votes to protect same-sex marriage in the United States. The conservative defectors thus follow the change of opinion among the people.

The first openly bisexual US Senator, Kyrsten Sinema, wore rainbow-colored shoes to Tuesday’s vote on same-sex marriage.

Michael Reynolds/EPA

In a remarkable vote on Tuesday evening, the US Senate passed the Respect for Marriage Act adopted. The bill prohibits officials from not recognizing a marriage between two people because of their gender, race or race. It repeals an earlier federal law from the 1990s that defined marriage as a bond between a man and a woman.

The vote was particularly noteworthy because 12 Republicans also spoke out in favor of the right to same-sex marriage. Due to the strong polarization, such cross-party alliances have become rare in American politics. But it was only thanks to these conservative dissidents that the Democrats were able to achieve the majority of at least 60 of the 100 votes in the Senate, which is necessary for proper legislation. In the end, 61 senators voted in favor of the bill and 36 against.

The law now has to be passed by the House of Representatives and signed by President Joe Biden. But due to the democratic majority in the large congress chamber, this is only a formality. Biden expressed his delight at the result Tuesday night: “Love is love and Americans should have the right to marry the person they love.”

Response to the Conservative Supreme Court

The Respect for Marriage Act was introduced into Congress over a decade ago. Several factors now led to their assumption: On the one hand, it is an expression of a major change in opinion in American society. According to surveys in the mid-1990s, only 27 percent of citizens supported the right to same-sex marriage, now it is around 70 percent.

Even the children of conservative MPs are openly living in such partnerships today, such as the son of Republican Senator Rob Portman from Ohio. Portman was among the bipartisan group of members of Congress who have been trying to persuade other conservatives to support the bill since the summer. “It was also an important moment for our family,” Portman said after winning the vote.

However, the change in societal opinion alone is not sufficient as an explanation. The judgment of the conservative Supreme Court on June 24 was also decisive. After half a century, judges overturned the nation’s abortion law by revising the interpretation of the constitution. When the Supreme Court ruled in Roe v. When Wade recognized the right to an abortion, it was based on the 14th Amendment of the American Constitution. The judges derived from this a right to privacy and thus also a right to an abortion.

With the same interpretation, the Supreme Court also ruled in other judgments in favor of the use of contraceptives (1965) or the right to same-sex marriage (2015). In June, the conservative judge Clarence Thomas wrote in a minority opinion on the abortion decision that the Supreme Court must now also revise these decisions. He fueled the fears, especially among homosexuals, that the Supreme Court could overturn the right to abortion to same-sex marriage.

The Democrats therefore wanted to set an example with regard to the midterm elections in early November. With a vote on the Respect for Marriage Act in the House of Representatives, they wanted to force Republicans to take a stand on the issue. They expected that the bill would not stand a chance in the Senate, but in view of the approaching election date, they wanted to send a message to the voters with this “messaging vote”.

Surprised that 47 Republicans also voted in favor of the bill, the Democrats suddenly saw an opportunity to convince the 10 necessary conservatives in the Senate as well.

Participants at a Pride festival this June in New York.

Participants at a Pride festival this June in New York.

Gabby Jones/Bloomberg

Hug for brave Republican

It took it also willingness to compromise from the left. For example, the law forces conservative-dominated states to recognize same-sex marriages that were concluded in other states. However, it leaves them free to forbid such marriages within their own borders. Should the Supreme Court overturn its 2015 ruling on same-sex marriage, individual states could enact corresponding bans.

At the same time, the law also contains exceptions for religious institutions such as churches, universities and non-profit organizations. In the name of religious freedom, they must not be penalized for not recognizing same-sex marriages.

Another reason for acceptance is the voting date. Democratic Majority Leader Chuck Schumer, whose daughter is married to a woman, agreed to hold the bill until after the Senate midterm elections to make it easier for Republican defectors to vote yes.

Ultimately, the result of the election could have convinced one or the other conservative senator to listen to the majority opinion of the people. Like the right to same-sex marriage, the right to abortion is supported by a large majority of voters. Above all, the widespread resentment of many women at the Supreme Court ruling in June helped the Democrats to hold the Senate. At the same time, the Republicans won only a slim majority of the seats in the House of Representatives.

The 12 Republican dissenters are mostly moderate politicians. Two of them are about to end their political careers. On the other hand, the approval of Cynthia Lummis from the conservative member state of Wyoming seems unusual. She had previously spoken out against same-sex marriage. In a moving speech in the Senate, she called for more tolerance and moderation in the face of heavy criticism from her home country. “These are turbulent times,” emphasized Lummis. “For the good of our nation and its survival, we do well to take this step.” For her courage, Lummis was praised by her Democratic counterpart Kyrsten Sinema – the first openly bisexual senatorhugs.


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