A look at pending legislation to protect same-sex marriages

With the U.S. Capitol in the background, a person waves a rainbow flag as they participant in a rally in support of the LGBTQIA+ community at Freedom Plaza, Saturday, June 12, 2021, in Washington. The U.S. House overwhelmingly approved legislation Tuesday, July, 19, 2022, to protect same-sex and interracial marriages amid concerns that the Supreme Court ruling overturning Roe v. Wade abortion access could jeopardize other rights criticized by many conservative Americans. (AP Photo/Jose Luis Magana, File)

By MARY CLARE JALONICK / Associated Press July 30, 2022 3 min read

WASHINGTON (AP) – The Respect for Marriage Act, now pending in the Senate, would ensure that same-sex marriages are still legally recognized nationwide if the Supreme Court were to overturn its 2015 Obergefell v. Hodges decision that declared a constitutional right for gay couples to wed.

The House-passed legislation has some Republican support and is expected to come up for a vote in September. It is part of an effort by Democrats to protect various rights after Supreme Court decision last month to overturn Roe vs. Wade, which legalized abortion in all states.

While the Senate is not expected to approve separate House bills to legalize abortion or protect contraception rights, the same-sex marriage legislation has a real shot at passage after a handful of Republican senators indicated they would vote for it. Democrats need 10 GOP votes to overcome a filibuster and get the legislation through the 50-50 Senate.

A look at the bill:

PROTECTS, BUT DOESN’T CODIFY