Staring down the prospect of divided government in the next Congress, Senate Democrats are moving forward with legislation this week to protect same-sex and interracial marriages. It's a vote that's "as personal as it gets," Senate Majority Leader Chuck Schumer said.Schumer is holding a test vote on the bill Wednesday, betting that at least 10 Republicans will vote with all 50 Democrats to move forward with the legislation to ensure that same-sex and interracial marriages are legally recognized nationwide. The bill has gained steady momentum since the Supreme Court's June decision that overturned Roe v. Wade and the federal right to an abortion. An opinion at that time from Justice Clarence Thomas suggested that an earlier high court decision protecting same-sex marriage could also come under threat.If the Senate votes to move forward with the legislation, a final vote could come as soon as this week, or by the end of the month, while Democrats still control the House. Republicans are on the verge of winning the House majority and would be unlikely to take up the issue next year."I firmly believe that passing bipartisan marriage protections would be one of the more significant accomplishments in what's already been a significantly productive Congress," Schumer said on the Senate floor. "It will do so much good for so many people who want nothing more than to live their lives without the fear of discrimination."Congress has been moving to protect same-sex marriage as support from the general public and from Republicans in particular has sharply grown in recent years, as the Supreme Court's 2015 Obergefell v. Hodges decision legalized gay marriage nationwide. Recent polling has found more than two-thirds of the public supports same-sex unions.SEE MORE: Senate Majority Leader Schumer Seeks 10 GOP Votes On Marriage EqualityStill, it's not yet certain whether Democrats have the 10 votes they need to overcome a filibuster on Wednesday and get a bill through the 50-50 Senate. So far, at least three Republicans have said they will vote for the legislation and are working with Democrats to pass it: Maine Sen. Susan Collins, North Carolina Sen. Thom Tillis and Ohio Sen. Rob Portman.Most Republicans have stayed quiet on whether they will support it, but those pushing the bill say they believe the 10 GOP votes are there. Democrats delayed consideration of the legislation until after the midterm elections, hoping that would relieve political pressure for some Republicans who might be wavering on the bill.And a proposed amendment to the legislation, negotiated by supporters to bring more Republicans on board, would clarify that it does not affect the rights of private individuals or businesses rights that are already enshrined in law. Another tweak would make clear that a marriage is between two people, an effort to ward off some far-right criticism that the legislation could endorse polygamy.The legislation would repeal the Clinton-era Defense of Marriage Act and require states to recognize all marriages that were legal where they were performed. The new Respect for Marriage Act would also protect interracial marriages by requiring states to recognize legal marriages regardless of "sex, race, ethnicity, or national origin."Some Republicans say the changes are not enough. Republican Sen. Ron Johnson of Wisconsin, who had hinted that he might support it before he won reelection last week, said this week that he would not, citing concerns about religious liberty.SEE MORE: House Passes Bill Protecting Same-Sex Marriage RightsStill, the growing GOP support for the issue is a sharp contrast from even a decade ago, when many Republicans vocally opposed same-sex marriages. The legislation passed the House in a July vote with the support of 47 Republicans a larger-than-expected number that gave the measure a boost in the Senate.On Tuesday, The Church of Jesus Christ of Latter-day Saints became the most recent conservative-leaning group to back the legislation. In a statement, the Utah-based faith said church doctrine would continue to consider same-sex relationships to be against God's commandments, but that it would support rights for as long as they didn't infringe upon religious groups' right to believe as they choose.Wisconsin Sen. Tammy Baldwin, a Democrat who is the first openly gay senator and has been working on gay rights issues for almost four decades, says the newfound openness from many Republicans on the subject reminds her "of the arc of the LBGTQ movement to begin with, in the early days when people weren't out and people knew gay people by myths and stereotypes."Baldwin says that as more individuals and families have become visible, hearts and minds have changed."And slowly laws have followed," she said. "It is history."Schumer said the issue is personal to him, as well."Passing
WASHINGTON (AP) — Legislation to protect same-sex and interracial marriages crossed a major Senate hurdle Wednesday, putting Congress on track to take the historic step of ensuring that such unions are enshrined in federal law.
Twelve Republicans voted with all Democrats to move forward on the legislation, meaning a final vote could come as soon as this week, or later this month. Senate Majority Leader Chuck Schumer said the bill ensuring the unions are legally recognized under the law is chance for the Senate to “live up to its highest ideals” and protect marriage equality for all people.
“It will make our country a better, fairer place to live,” Schumer said, noting that his own daughter and her wife are expecting a baby next year.
Senate Democrats are quickly moving to pass the bill while the party still controls the House. Republicans are on the verge of winning the House majority and would be unlikely to take up the issue next year.
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Where in the US are same-sex marriage rates highest?
Where in the US are same-sex marriage rates highest?
Updated
From the Stonewall Riots of 1969 to the national debate over gender-affirming care for trans people today, LGBTQ+ Americans have been fighting for visibility and equality since the time of Marsha P. Johnson and the early days of the gay liberation movement. After decades of marches, protests, and passionate activism regarding discriminatory policies designed to prevent marriage equality from becoming a reality, same-sex marriage became legal nationwide in 2015.
Stacker examined U.S. Census data to find which states have the highest rate of same-sex marriages. Less than a decade after the Supreme Court decision, many of the 7.1% of Americans who identify as LGBTQ+ have taken the plunge. Additionally, about 1% of all married couples in the U.S. are made up of same-sex partners. States with the largest population of same-sex married couples overall include California, Texas, and Florida.
Prior to the ruling on the landmark Obergefell v. Hodges case, individual states decided whether to legally recognize same-sex marriage. All the states in the top five on this list legalized same-sex marriage prior to it becoming national law—Massachusetts being the first to do so in 2004.
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#5. Washington
Updated
- Total same-sex married couples: 19,629
- Share of all married couples: 1.35%
Washington’s history of marriage equality spans over four decades. The first notion of marriage equality came only five years after Stonewall, when Singer v. Hara came before the Washington Supreme Court in 1974. Plaintiffs argued that Washington’s Equal Rights Amendment—the 1973 law that prohibited discrimination on the account of sex—effectively made the denial of same-sex marriage discriminatory, an argument which the court rejected. More than three decades later in 2006, the Anderson v. King County case challenged the ban on same-sex marriage under Washington law, which also failed.
Public opinion on same-sex marriage in Washington state didn’t turn toward equality until the tragic ending to the love story of Kate Fleming and Charlene Strong of Madison Valley. When Fleming was critically injured in a flash flood and died in her hospital room, her partner of nearly a decade wasn’t allowed to be by her side because the hospital said she needed the permission of Fleming’s “next of kin” to be allowed.
After that story spurred sympathy among Washingtonians, several laws passed giving same-sex couples some of the same rights as heterosexual ones, little by little, until Washington legalized gay marriage on February 13, 2012. Along with Maine and Maryland on November 6, 2012, Washington became one of the first states to legalize same-sex marriage through popular vote. So it stands to reason that the Evergreen State is continually named one of the most LGBTQ+-friendly places to live in America.
#4. Massachusetts
Updated
- Total same-sex married couples: 18,746
- Share of all married couples: 1.51%
On November 18, 2003, the Massachusetts Supreme Court found the ban on equal marriage unconstitutional, citing that it essentially created “second-class citizens.” On May 17, 2004, Marcia Kadish and Tanya McCloskey—a couple living in Malden—married at Cambridge City Hall, becoming the first legally married same-sex couple in U.S. history. Before the day ended, 77 other same-sex couples followed suit.
Massachusetts is considered exceedingly friendly to LGBTQ+ folks, according to the Movement Advancement Project, an organization that tracks civic policy for LGBTQ+ citizens. The designation is based on the state’s laws surrounding adoption and equality in employment, housing, public accommodations, credit, and governmental nondiscrimination laws. This may be why 21% of Massachusetts’s LGBTQ+ population are raising children in the state, according to a 2019 Gallup poll.
#3. Delaware
Updated
- Total same-sex married couples: 2,773
- Share of all married couples: 1.56%
Although one of the smallest states in the country, Delaware is big on the rights of its almost 40,000 LGBTQ+ citizens. After legalizing civil unions between same-sex couples in 2011, Delaware eventually became the 11th state in the country to legalize marriage equality in July 2013.
Additionally, when same-sex marriage was legalized in the state, officials automatically converted all civil unions into marriages. It’s that sensitivity to the rights of its LGBTQ+ citizens that makes it one of the top three states in the country with the highest same-sex marriage rates. Delaware is also known for having one of the most dynamic and welcoming gay communities in the Northeast, and is host to many destinations that LGBTQ+ folks flock to—including Rehoboth Beach, Wilmington, and New Castle.
#2. Vermont
Updated
- Total same-sex married couples: 1,939
- Share of all married couples: 1.56%
In 1999, Vermont became the first state in the country to afford same sex couples rights as a couple in the eyes of the law. Vermont—long known as an LGBTQ+-friendly state—started what some argue was the domino effect that led to marriage equality throughout the country in 2015. The watershed case, Baker v. State, argued that denying same-sex marriage violated the constitutional equality guarantee afforded to every Vermont citizen.
The Vermont Supreme Court agreed and found that denying same-sex couples the rights and protections afforded to different-sex married couples was unconstitutional. Although the courts stopped short of true marriage equality and instead offered same-sex couples “civil unions,” the match was struck. Massachusetts, California, and other states slowly began to implement their own civil union policies, paving the way for marriage equality years later. Vermont’s trailblazing status could be why the Green Mountain State boasts the seventh-highest ratio of LGBTQ+ people in the country.
#1. District of Columbia
Updated
- Total same-sex married couples: 4,586
- Share of all married couples: 6.09%
Although it’s the only location on our list to not actually be a state, Washington D.C. tops the list when it comes to same-sex marriage rates. In 2009, Mayor Adrian Fenty recognized same-sex marriage in the district, becoming one of the first places in the U.S. to do so after Massachusetts, Connecticut, Vermont, and Iowa.
Even though the nation’s capital is 18 times smaller than Rhode Island (the smallest U.S. state), it boasts a much higher marriage rate for same-sex couples. This could be because Washington D.C. has the highest LGBTQ+ population percentage in the U.S., according to a 2019 study by the Williams Institute at UCLA School of Law. It also has a justifiable reputation as one of the friendliest places to live for LGBTQ+ folks.
