By Sahil Kapur -
NBC News
The Senate is scheduled to vote Tuesday on a bill to codify federal protection for same-sex (known as equal marriage) and interracial weddings.
Unless some Republican supporters of the bill change their minds at the last minute, the Respect Marriage Act is expected to pass one day after clearing another procedural hurdle by a vote of 61 to 35, receiving the unanimous backing of the Democrats in the Senate and 12 votes from the Republican Party, enough to break the filibuster.
Demonstration in California in favor of equal marriage in 2015. Frederic J. Brown / AFP via Getty Images
"I hope we can get it done quickly, because millions of Americans deserve equal justice under the law and the peace of mind that comes from knowing that their right to marry the person they love is protected," the Democratic majority leader said Monday. the Senate, Chuck Schumer.
Democratic Sen. Tammy Baldwin, the bill's author, recently revised the text to add votes from Republicans, adding a section clarifying that religious organizations will not be forced to enter into same-sex unions and that the government should not protect polygamous marriages.
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If approved, the bill would return to the House of Representatives for a final vote (which is expected to pass thanks to a Democratic majority) and would then be sent to President Joe Biden for his signature.
This bill was pushed by Democrats after the Supreme Court struck down the constitutional right to abortion, raising fears that conservative-leaning justices could revise their stance on marriage equality.
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The new law would require the federal government to recognize marriages that were valid in a state when they took place.
It would also guarantee all benefits for marriages "regardless of the couple's sex, race, ethnicity or national origin," but the bill does not require a state to issue a marriage license contrary to state law.
Schumer kept a lengthy procedural vote open Monday as Democrats tried to reach an agreement with Republicans who threatened to drag out the process unless they received votes on the amendments.
The Senate prepared three for a vote Tuesday afternoon: one from Sen. Mike Lee, R-Utah, with a 60-vote threshold;
and two from Sen. James Lankford, R-Oklahoma, and Sen. Marco Rubio, R-Fla., which will need only a simple majority to pass.
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The bill would then go to a final vote, requiring 60 senators to pass.
Most Republicans are expected to oppose it, but Monday's procedural vote suggests the bill will have enough support to move forward.
Supporters of the text want it approved before Republicans take control of the House of Representatives on January 3.