One party votes for, and one against. The evidence shows a clear partisan divide on LGBTQ+ rights that spans decades and demonstrates consistent patterns in legislative support and opposition.

The 2022 Vote: Respect for Marriage Act

This landmark law codified same-sex marriage rights at the federal level. The voting patterns reveal the fundamental divide between parties.

Senate Vote (Passed 61–36)

Democrats: 49 YES (Unanimous support)

Republicans: 36 NO / 12 YES

The 36 “NO” votes included Senate leadership and prominent conservatives like Mitch McConnell (R-KY), Ted Cruz (R-TX), Marco Rubio (R-FL), and Lindsey Graham (R-SC). Only 12 Republicans broke party lines to support the legislation: Roy Blunt (MO), Richard Burr (NC), Shelley Moore Capito (WV), Susan Collins (ME), Joni Ernst (IA), Cynthia Lummis (WY), Lisa Murkowski (AK), Rob Portman (OH), Mitt Romney (UT), Dan Sullivan (AK), Thom Tillis (NC), and Todd Young (IN).

House Vote (Passed 258–169)

Democrats: 219 YES (Unanimous support)

Republicans: 169 NO / 39 YES

The majority of Republican caucus members voted “NO,” including figures like Jim Jordan (R-OH) and Marjorie Taylor Greene (R-GA). The 39 “YES” votes came from more moderate Republicans or those leaving office, such as Liz Cheney (R-WY) and Nancy Mace (R-SC).

The 2015 Legalization: Obergefell v. Hodges

Since this Supreme Court ruling wasn’t a legislative vote, party positions are measured through immediate public statements from leadership.

Democratic Leadership: “Victory”

The Democratic party unified around the ruling immediately, framing it as a civil rights triumph:

• President Barack Obama: Called plaintiff Jim Obergefell from the Oval Office minutes after the ruling, delivering a speech calling it “a victory for America” and “justice that arrives like a thunderbolt.”
• Joe Biden: Issued a statement calling it “a victory for gay and lesbian couples who have fought so long for their basic civil rights.” Biden had previously forced Obama’s hand on the issue by publicly endorsing marriage equality in 2012.
• Hillary Clinton: Tweeted “Proud to celebrate a historic victory for marriage equality” and changed her campaign logo to a rainbow version within hours.

Republican Leadership: “Judicial Overreach”

The Republican party unified against the ruling, framing it as an attack on religious liberty and state sovereignty:

• Donald Trump: Stated in a 2016 Fox News interview, “I don’t like the way they ruled… I would strongly consider appointing justices to the Supreme Court inclined to overturn it.”
• Mitch McConnell: Issued a statement saying, “I disagree with the Court’s ruling… The American people, through the democratic process, should be able to determine the meaning of this bedrock institution.”
• Marco Rubio: Stated, “I believe that marriage… should be between one man and one woman… This decision short-circuits the political process.”
• Ted Cruz: Called the decision “clearly wrong” and an act of “judicial tyranny,” urging states to ignore the ruling.

Recent Developments: Title IX Protections

July 11, 2024: Title IX Disapproval Resolution

Vote Subject: A resolution (H.J.Res. 165) to overturn Biden-era Title IX rules protecting LGBTQ+ students from discrimination in schools.

The Vote: Passed the House (210–205)

• Republicans: 210 YEA (Voted to remove protections)
• Democrats: 205 NAY (Voted to keep protections)

The resolution passed the House but did not advance in the Senate.

Historical Context

Decriminalization (2003)

Before marriage equality was even possible, being gay was technically a crime in many states until June 26, 2003, when the Supreme Court ruled in Lawrence v. Texas that laws banning gay sex were unconstitutional.

Legalization of Marriage (2015)

On June 26, 2015, the Supreme Court ruled (5–4) in Obergefell v. Hodges that state bans on same-sex marriage were unconstitutional, making gay marriage legal in all 50 states immediately. Because this was a court ruling rather than legislation, there was always a fear it could be overturned—just as Roe v. Wade was.

The Pattern is Clear

The evidence demonstrates a consistent partisan divide: Democratic lawmakers and leaders have overwhelmingly supported LGBTQ+ rights, while Republican leadership has consistently opposed them. While individual Republicans occasionally break from their party, the institutional positions remain starkly different.

For LGBTQ+ Americans, this isn’t an abstract political debate—it’s about fundamental rights, dignity, and the ability to live without fear of discrimination. The voting records show that when one party controls government, our rights advance; when the other party controls, they retreat.

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This analysis is based on congressional voting records and public statements from party leadership.