Gay marriage bill, other major issues sit in limbo as Senate returns from August recess

Gay marriage legislation is one of several major issues up in the air for the Senate as it returns from its August recess Tuesday with midterm elections less than two months away. 

The House of Representatives passed a bill to codify same-sex marriage rights in July after Justice Clarence Thomas raised questions about Supreme Court precedent on gay marriage in an opinion this spring. Senate Majority Leader Chuck Schumer, D-N.Y., vowed that his chamber will also vote on same-sex marriage. 

Sen. Tammy Baldwin, D-Wis., one of the chief co-sponsors of the Senate's gay marriage bill, told PBS Wisconsin in late July she hopes a vote will happen in "early September." But the Senate faces a packed schedule before the midterm elections.

Among the major items for lawmakers are a likely continuing resolution to fund the government, a military funding bill, a potential vote on changes to the Electoral Count Act, judicial nominations and more. 

The Senate's first week back already includes two federal appeals court judge nominations, which suck up significant floor time.