WASHINGTON — This week, the U.S. Senate is expected to consider legislation that would guarantee the right to same-sex marriage under federal law. The move comes after a bill on the same issue passed in the House of Representatives by a wide margin on July 19. What is still uncertain is whether the legislation will garner the 60 “yea” votes needed to pass in the Senate before it can be sent to President Joe Biden’s desk. 

“I love that Congress is trying to keep our marriages safe and that they might have the opportunity to do so in the Senate. I’m hopeful that it’ll pass,” said Grace Moreno of the Respect for Marriage Act. Moreno is the founder and Executive Director of the Massachusetts LGBT Chamber of Commerce.

Moreno and her wife were married in Massachusetts before same-sex marriages became federally recognized by the Supreme Court in 2015. More than a decade earlier, the Commonwealth became the first state in the nation to legalize same-sex marriage. It’s a right that Moreno is now concerned about, not just for herself but for others across the country. 

“Are we legally safe? I don’t know. I am no longer optimistic about what can happen with our judicial system,” said Moreno when asked about whether the legality of her marriage might be in jeopardy.

Moreno’s concerns have been echoed by many Democrats in Congress following the Supreme Court decision in June to overturn a women’s right to an abortion.

“Clarence Thomas made it very clear, in his concurring opinion, that this is just the beginning,” Rep. Jim McGovern, D-Mass., told Spectrum News.

In overturning Roe v. Wade, Justice Thomas said the court should also revisit its decisions guaranteeing the right to same-sex marriage and to contraception.

In response to Thomas’ statements, House lawmakers drafted the Respect for Marriage Act. The legislation would require that states recognize all same-sex marriages. It also would repeal a 1996 law, signed by President Bill Clinton, that defined marriage as a union between one man and one woman. Massachusetts lawmakers have said that it’s vital for Congress to take its own actions on this issue. 

“We need to support marriage equality, we need to pass it into law, because we have seen that the Supreme Court is willing, and in fact, eager to roll back basic rights,” said Rep. Jake Auchincloss, D-Mass.

Some Republicans voted in favor of the House bill, making it the latest piece of bipartisan legislation to make its way through Congress. It was encouraging news for some House Democrats, including Rep. Ed Case of Hawaii.

“Every single Democrat voted for the bill that we passed, but several dozen Republicans also voted for it,” Case told Spectrum News after the House vote. “I believe that was a direct response to their constituents, who regardless of party believe that this disagreement in our in our history is closed, it should be closed and it should not be reopened ... Now, if that comes to pass in the Senate as well, then perhaps we can provide some far more certainty to the sanctity and the authority to enter into same-gender marriages throughout our country.”  

There are also some Republicans in the Senate who have also indicated support for the bill. Among those who may vote in favor are Sens. Susan Collins of Maine, Rob Portman of Ohio and Thom Tillis of North Carolina. Those votes put the possibility of passage within reach, but there are conservatives in the Senate who’ve already said they’ll vote no.

“I’m not going to vote to enshrine the Obergefell decision. That’s the decision on same sex marriage. I thought it was wrongly decided as a matter of constitutional law. So I’m not going to vote to write it into statute,” said Sen. Josh Hawley, R-Mo., in an exclusive interview with Spectrum News.

Sen. Roy Blunt, R-Mo., the state’s senior senator, may vote differently. Blunt’s staff referred Spectrum News to a tweet regarding his position on the bill that indicated he wanted to look at the House version but also said he supports same-sex marriage. Blunt is set to retire at the end of his term this fall. 

Moreno says that no matter what Congress does, she’s taking her own steps to ensure that her marriage is protected as much as it can be. She recommends that other gay or lesbian couples consider taking their own precautions.

“My wife and I are currently spending thousands of dollars to ensure that all of our legal documents, on top of our marriage, and things that marriage automatically gives you across the country are in place so that we have the same rights that we have in Massachusetts,” said Moreno.

Of particular concern to Moreno is whether the legality of same-sex marriage is left up to individual states as it has been now with abortion access. 

“If I travel with my wife and our kids to Texas, where my family lives, right? We’re no longer considered married there. So part of what our concern, you know, not at this point, but if it gets overturned once we cross state lines, and we go to a state that doesn’t protect our marriage, we don’t have the same rights that we do in Massachusetts,” said Moreno. 

Angi Gonzalez provides political news coverage from the Spectrum News Washington, D.C. bureau on issues and lawmakers from Hawaii.