Unable to Break Filibuster, Senate Democrats Delay Same-Sex Marriage Bill Vote Until After Midterms
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The Biden administration and Democratic congressional leaders have faced calls for more than a year to remove the Senate’s filibuster rule that’s blocking passage of much of their agenda. So far, they have refused, saying it could be a potent weapon once they are again in the minority.
US Sen. Tammy Baldwin (D-WS) told reporters on Thursday that the Respect for Marriage Act, which she has sponsored, would not be voted on until after the November 2022 midterm elections, when Democrats hope to have a stronger majority in the upper congressional chamber.
“I’m still very confident that the bill will pass, but we will be taking the bill up later, after the election. We will be putting out a joint statement,” Baldwin said.
However, some colleagues said they preferred an earlier vote.
“My personal preference is to put everyone on the record before the November elections, but I understand the decisions that are made about when the prospects are best for passing the measure,” Sen. Richard Blumenthal (D-CT) told the Washington Post. “I want a law, not just a bill.”
The bill would enshrine the right of same-gender couples to marry, as well as repeal the 1996 Defense of Marriage Act (DOMA), which banned same-gender marriages. Democrats rushed to pass the bill after the Supreme Court signaled in the Dobbs vs. Jackson decision in June that the right of gays, lesbians and bisexuals to marry could soon be on the chopping block. That decision struck down the federal right to an abortion.
Same-gender marriages became legal nationwide in 2015, when the high court ruled it was discriminatory to deny the right to LGBTQ couples.
The bill is opposed by Republicans, who have maintained their filibuster block on legislation in the Senate. The move requires 60 of 100 senators to vote against the filibuster to bypass it, and Democrats don’t have the confidence they will win over 10 Republicans in the evenly-split chamber.
Another LGBTQ rights bill, the Equality Act, has similarly been held up in the Senate after passing the House more than a year ago, thanks to Republican objections. That bill would add gender identity and sexuality to the 1964 Civil Rights Act, banning discrimination against LGBTQ people across a wide swath of US public life.
A recent Gallup poll found extremely wide support for the legality of same-gender marriage, with some 70% of respondents saying they thought it should remain legal. The most recent polling on the Equality Act’s provisions, done in August 2021, found that 82% of Americans support nondiscrimination protections for LGBTQ people.
Democratic leaders and US President Joe Biden have faced increasing pressure to take action against the filibuster, which was added by a rule after the Constitution was adopted in the late 18th century. GOP intransigence has prevented much of their agenda from being passed, leaving them with little to show their base as they campaign for the 2022 elections. However, Democrats have so far been reluctant to oblige, viewing the move as uncouth and noting that when they find themselves in the minority once more, the filibuster will prove to be a potent weapon to block Republican agenda items.