Senate gay marriage bill negotiators to meet on how to advance the legislation before midterms

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Sen. Chuck Grassley, R-Iowa, discusses the possibility of a government shutdown in the 2022 midterm election year.

Negotiators for the Senate's gay marriage bill face key questions on what it will look like and how they'll pass it as they continue to meet in an effort to advance the legislation before the midterms. 

Among the top issues, some Republicans are asking for an amendment to address religious conscience protections, which may be needed for the bill to clear the Senate's 60-vote filibuster threshold. Additionally, the chamber's limited floor time means the bill is competing with other priorities for votes and debate. 

A Capitol Hill Democratic source told Fox News Digital Tuesday that senior Senate Democrats had been discussing the possibility of including the bill in a must-pass government funding package, called a continuing resolution. In theory, this could save floor time by combining multiple Democratic priorities and enticing some reluctant Republicans who want to avoid a government shutdown to vote for the bill. 

However, Sens. Tammy Baldwin, D-Wis., and Rob Portman, R-Ohio, original sponsors of the Senate marriage equality bill, on Tuesday cast some doubt on the idea – though they did not outright reject it. 

GAY MARRIAGE BILL, OTHER MAJOR ISSUES SIT IN LIMBO AS SENATE RETURNS FROM AUGUST RECESS

Sen. Rob Portman is one of the lead sponsors of a Senate bill to codify gay marriage rights on a national level. (Bill Clark/Pool via AP)

"We're gonna talk about it tomorrow with the group. I will withhold judgment – except to say that I'm skeptical," Portman told Fox News Digital Tuesday. "It's better to deal with it on the merits, I think."

"Attaching the legislation to a CR is not the senator's preferred path as she would like to see it taken up sooner," a spokesperson for Baldwin's office said. "The senator's goal is to pass the Respect for Marriage Act, and she will do whatever it takes to get there."

Senate Majority Leader Chuck Schumer, D-N.Y., promised a vote on gay marriage but has not committed to a timeline, emphasizing the importance of time-consuming appeals court confirmations. A continuing resolution would need to pass before the end of September.

Senate Majority Leader Chuck Schumer speaks with reporters following a caucus lunch at the Capitol, July 19, 2022. (AP Photo/J. Scott Applewhite)

Details of a possible amendment on religious protections are also still undecided. 

This is a priority for some Republicans who are open to voting to codify gay marriage rights but also want to ensure the bill does not inadvertently harm Americans' First Amendment rights. It could also risk upsetting some Democrats if they think it goes too far, 

Baldwin said senators expect to finish work on that in the next few days. 

"There's been some great conversations about an amendment to address the many concerns of those who would like to get to yes," Baldwin told reporters. "People have been reviewing language. We'll be releasing that publicly later this week."

Supreme Court Justice Clarence Thomas's opinion in Dobbs v. Jackson Women's Health Organization, questioning the Supreme Court's precedent on gay marriage, Obergefell v. Hodges, spurred congressional action to protect same-sex marriage on a federal level. (Drew Angerer/Getty Images)

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A spokesperson for Baldwin's office also said she "will meet with her Republican colleagues this week to compare notes on their outreach efforts to build more support from Senate Republicans."

Congressional efforts to pass legislation protecting gay marriage rights followed a solo Supreme Court opinion by Justice Clarence Thomas in June in the case Dobbs v. Jackson Women's Health Organization, which he said the court should "reconsider" its precedent on the issue. 

No other justices joined Thomas, but that opinion became a major campaign issue for Democrats and spurred lawmakers of both parties to craft legislation that would require states to recognize same-sex marriage even if that precedent eventually falls.