Adam S. Olsen- Washington, D.C.
September 12, 2022

The Senate is expected to start the process for considering a bill to protect same-sex marriage on the federal level this week, marking the culmination of a months-long effort by Democrats and some Republicans to codify marriage equality after the Supreme Court overturned Roe v. Wade in June.  The House previously passed the marriage equality bill, titled the Respect for Marriage Act, in a 267-157 vote in July, sending the measure to the Senate for consideration. The 47 Republican “yes” votes fueled Democratic hopes that the legislation could eventually land on President Biden’s desk.  There are currently two Republicans publicly in the yes column: Senator Susan Collins (R-Maine) and Senator Rob Portman (R-Ohio), another sponsor of the bill who is retiring at the end of this term. Senator Thom Tillis (R-North Carolina) previously told reporters that he “probably will” vote for the bill.  Additional GOP support could come from an amendment that would address concerns about the bill raising legal problems for religious groups that do not recognize same-sex marriage.  The Respect for Marriage Act would require that a person be considered married if the nuptials were legal in the state where it was performed. It would also allow the attorney general to pursue law enforcement actions and give individuals harmed by a violation of the law a private right of action.

Senators are also expected to continue working on funding the government this week, as the chamber barrels toward the September 30th deadline.  Senators are looking to pass a continuing resolution to keep government open, which would keep the government funded at the previous year’s spending levels, giving Congress more time to strike a deal. The stopgap is expected to stretch past the midterms and into mid-December.  The focus of government funding talks right now is a measure on permitting reform that Senate Majority Leader Chuck Schumer (D-New York) and other party leaders struck with Senator Joe Manchin (D-West Virginia) to ensure his support for the Inflation Reduction Act, which the Senate passed, and President Biden signed into law last month.  Last week, more than 70 House Democrats — led by Representative Raúl Grijalva (D-Arizona) — penned a letter to Speaker Nancy Pelosi (D-California) and House Majority Leader Steny Hoyer (D-Maryland) asking that the permitting reform legislation be kept out of the continuing resolution complicating quick passage.

For today, the Senate will reconvene at 3:00 P.M. and following Leader remarks, will resume consideration of the nomination of Lara E. Montecalvo to be United States Circuit Judge for the First Circuit.  At 5:30 P.M., the Senate is expected to vote on confirmation of Salvador Mendoza, Jr. to be United States Circuit Judge for the Ninth Circuit as well as cloture on the nomination of Arianna J. Freeman to be United States Circuit Judge for the Third Circuit.

Adam S. Olsen, Washington, D.C.