Tillis works to pass same-sex marriage bill despite earlier opposition

At the time, he backed an amendment to ban same-sex marriage in the state's constitution.

Thursday, Tillis, R-NC, said times have changed.

Tillis was one of the negotiators who helped the bill move forward in the Senate this week by amending it to add protections for religious freedom.

"Let's say the Supreme Court decision is reversed," Tillis said Thursday during a virtual press conference. "We think that we owe this community some certainty that if they're in states that recognize same-sex marriages, they can travel freely through the United States and keep their families secure."

"Why not take some time to provide certainty to these families and take the opportunity to provide greater protections for religious freedom?" Tillis added.

WRAL News asked Tillis whether he has changed his mind on same-sex marriage.

"Lots has changed since then, not the least of which is the Obergefell decision that rescinded that action," Tillis responded. "I do think the Supreme Court decision changes the factors that lead you to a conclusion to support or not support the bill. It certainly did for me.

"When I make decisions, I make decisions based on current data, current facts," Tillis added. "The current data and current facts have changed."

Advocates for the LGBTQ+ community are supporting the measure, though they say it doesn't go as far as an earlier House version did to ensure equal rights. Cathryn Oakley with the Human Rights Campaign says much work remains to do, but the bill will still act as an insurance policy or backstop against potential action by the Supreme Court.

"It is a limited bill," Oakley said. "But what it is doing is really, really important, and is going to really impact people's lives.

"This is not a replacement for continuing to fight in state legislatures where we have had absolutely unprecedented attacks on the LGBTQ community, and particularly on trans kids," Oakley added. "All of those pieces are still in front of us. And this is one very important slice of a much larger pie of work."

Mat Staver, founder and chairman of Liberty Counsel, a conservative law firm affiliated with Liberty University, said the legislation falls short on religious freedom protections.

"It's very, very limited," Staver said of the clause in the bill offering protection for religious freedom. "It does apply to churches or places of worship in certain limited issues, such as tax exemption, and also nonprofits, but only if the nonprofit is engaged primarily in teaching the Bible or religious doctrine. It doesn't apply to all nonprofits, and it wouldn't apply to other Christian organizations. And it certainly doesn't apply to individuals."

The law requiring recognition would only apply to state and federal officials, not individuals. But Staver predicted it will still lead to a rise in lawsuits against groups and individuals who refuse to recognize or provide services to LGBTQ people.

Tillis disagreed. He said many religious groups, including the Church of Latter-Day Saints, support the bill, although he didn't deny some groups could still be at risk of lawsuits.

"I stand with the religious community that [those lawsuits are] inappropriate," Tillis said. "But that, in many respects, is a risk that already exists, and what we've done here is lessen the risk."

The Senate is expected to take a final vote on the bill after Thanksgiving. It would then go back to the U.S. House.