How Wisconsin Senators Voted On Same-Sex, Interracial Marriage Bill

WISCONSIN — Twelve Senate Republicans joined all 50 Democrats Wednesday in advancing key legislation that would protect same-sex and interracial marriage in Wisconsin by enshrining them in federal law.

Both rights are currently constitutionally protected, but Democrats worry the arguments used when the Supreme Court struck down Roe v. Wade could be applied in challenges to cases that legalized same-same marriage and interracial marriage.

U.S. Sen. Ron Johnson, who recently narrowly defeat Democrat Mandela Barnes to hold his seat for Republicans, called the Respect for Marriage Act "unnecessary" and did not vote in favor of it.

In a statement, Johnson said the substitute amendment didn't provide enough protection for people with strongly held religious beliefs, adding that "religious liberty should be upheld for all and those with sincerely held religious beliefs should not be discriminated against for their views on marriage.

Meanwhile, U.S. Sen. Tammy Baldwin, a Democrat who represents Wisconsin, hailed the act's advancement and voted in favor.

“Today, we took a step forward in our fight to give millions of loving couples the certainty, dignity, and respect that they need and deserve," Baldwin said in a statement. "A bipartisan coalition of Senators stood with the overwhelming majority of Americans who support marriage equality. We came together to move the Respect for Marriage Act forward and give the millions of Americans in same-sex and interracial marriages the certainty that they will continue to enjoy the freedoms, rights, and responsibilities afforded to all other marriages."

The Respect for Marriage Act passed the House in July with support from 47 Republicans, including one Republican from Wisconsin, Bryan Steil.

Democrats didn’t have enough votes to overcome a filibuster in the Senate, and negotiated a bipartisan agreement to wait until after the midterm election to take up the Respect for Marriage Act.

Related: Same Sex, Interracial Marriage Protections Clear Major Hurdle In Senate

But with Republicans taking control of the House in January, Democrats moved quickly to send the legislation to President Joe Biden for his signature.

“Love is love, and Americans should have the right to marry the person they love,” Biden said in a statement Wednesday. “Today’s bipartisan vote brings the United States one step closer to protecting that right in law.”

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. As written, the Respect for Marriage Act would also protect interracial marriages by requiring states to recognize legal marriages regardless of "sex, race, ethnicity, or national origin."

Importantly, the Senate amendment addressed key concerns of Republicans. It makes clear the bill does not authorize the federal government to recognize polygamous marriages, and protects religious freedom, underscoring that nothing in the bill requires nonprofit religious organizations to provide “any services, facilities, or goods to the solemnization of a marriage.”

In a statement, the bipartisan group of five senators who negotiated it said the new Respect for Marriage Act “fully respects and protects Americans’ religious liberties and diverse belief, while leaving intact the core mission of the legislation to protect marriage equality.”

Negotiators were Democratic Sens. Tammy Baldwin of Wisconsin and Kyrsten Sinema of Arizona and Republican Sens. Susan Collins of Maine, Rob Portman of Ohio and Thom Tillis of North Carolina.

Finally, the negotiators said, the amendment “recognizes the importance of marriage, acknowledges that diverse beliefs and the people who hold them are due respect, and affirms that couples, including same-sex and interracial couples, deserve the dignity, stability and ongoing protection of marriage.”

Ultimately, 10 other senators joined Baldwin and Sinema in supporting the legislation. Others were Sens. Lisa Murkowski and Dan Sullivan of Alaska, Todd Young of Indiana, Joni Ernst of Iowa, Roy Blunt of Missouri, Richard Burr of North Carolina, Mitt Romney of Utah, Shelley Capito of West Virginia, and Cynthia Lummis of Wyoming.

Wednesday’s vote was procedural. Senate Majority Leader Chuck Schumer told CNN he would like to see the chamber vote on final passage of the Respect for Marriage Act before senators leave for the Thanksgiving break next week, but without an agreement by all 100 senators to speed up passage, that’s unlikely to happen.

Related: Here Are The 47 House Republicans Who Voted With Democrats On Respect For Marriage Act

The amended bill needs to pass the House again before going to Biden for his signature. Supporters are optimistic the bill can make it through the required steps before the end of the year, when Democrats relinquish control of the House.

The Associated Press contributed reporting.