McConnell: GOP out of legislative options to fight gay marriage

Senate Majority Leader Mitch McConnell concedes that there’s little congressional Republicans can do to fight the Supreme Court’s ruling in favor of same-sex marriage nationwide, though he predicted a flurry of litigation aimed at protecting “religious liberty” in light of the decision.

The Kentucky Republican has been a staunch opponent of same-sex marriage: He was one of just six Senate Republicans to sign an amicus brief urging the high court to reject federal protection of same-sex marriage. And though he reiterated to Kentucky TV station WDRB on Tuesday evening that his position has not changed, he also said there is little that conservative opponents can do about it.


“I’ve always felt that marriage is between one man and one woman and the Supreme Court has held otherwise. That’s the law of the land,” McConnell said. Asked if Congress can do anything, he replied: “I don’t think so. I think the courts have pretty well spoken.”

The majority leader said the Senate will “be taking a look at whether religious liberty needs to be enhanced,” a reference to conservative-backed legislation that would exempt people or groups that oppose same-sex marriage from federal intervention. One proposal spearheaded by Sen. Mike Lee (R-Utah) has little chance of passing the Senate, where all but one Democrat supports same-sex marriage.

“There’s the possibility of legislation, but I think most of this is going to be in the courts,” McConnell said.

Sen. Ted Cruz (R-Texas) has called for a constitutional amendment defining marriage as between a man and a woman, but McConnell said that too is an unrealistic goal to set. Given support for same-sex marriage by a handful of Senate Republicans, there’s likely not even a majority for Cruz’s Restoration of Marriage Amendment in the Senate and certainly not 67 votes to change the Constitution.

“It isn’t going to pass. You know, it’s one thing to talk about a constitutional amendment; we’ve only done that 27 times in the history of our country,” McConnell said. “It’s not going to pass.”