Respect for Marriage Act
Bill: H.R.8404 | Sponsor: Rep. Nadler, Jerrold (D-NY)
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Respect for Marriage Act
This act provides statutory authority for same-sex and interracial marriages.
Specifically, the act replaces provisions that define, for purposes of federal law, marriage as between a man and a woman and spouse as a person of the opposite sex with provisions that recognize any marriage between two individuals that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.)
The act also replaces provisions that do not require states to recognize same-sex marriages from other states with provisions that prohibit the denial of full faith and credit or any right or claim relating to out-of-state marriages on the basis of sex, race, ethnicity, or national origin. (The Supreme Court held that state laws barring same-sex marriages were unconstitutional in Obergefell v. Hodges in 2015; the Court held that state laws barring interracial marriages were unconstitutional in Loving v. Virginia in 1967.) The act allows the Department of Justice to bring a civil action and establishes a private right of action for violations.
The act does not (1) affect religious liberties or conscience protections that are available under the Constitution or federal law, (2) require religious organizations to provide goods or services to formally recognize or celebrate a marriage, (3) affect any benefits or rights that do not arise from a marriage, or (4) recognize under federal law any marriage between more than two individuals.

[117th Congress Public Law 228]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 2305]]

Public Law 117-228
117th Congress

                                 An Act


 
   To repeal the Defense of Marriage Act and ensure respect for State 
    regulation of marriage, and for other purposes. <<NOTE: Dec. 13, 
                         2022 -  [H.R. 8404]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Respect for 
Marriage Act. 1 USC 1 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Respect for Marriage Act''.
SEC. 2. <<NOTE: 1 USC 7 note.>>  FINDINGS.

    Congress finds the following:
            (1) No union is more profound than marriage, for it embodies 
        the highest ideals of love, fidelity, devotion, sacrifice, and 
        family.
            (2) Diverse beliefs about the role of gender in marriage are 
        held by reasonable and sincere people based on decent and 
        honorable religious or philosophical premises. Therefore, 
        Congress affirms that such people and their diverse beliefs are 
        due proper respect.
            (3) Millions of people, including interracial and same-sex 
        couples, have entered into marriages and have enjoyed the rights 
        and privileges associated with marriage. Couples joining in 
        marriage deserve to have the dignity, stability, and ongoing 
        protection that marriage affords to families and children.
SEC. 3. REPEAL OF SECTION ADDED TO TITLE 28, UNITED STATES CODE, 
                    BY SECTION 2 OF THE DEFENSE OF MARRIAGE ACT.

    Section 1738C of title 28, United States Code, is repealed.
SEC. 4. FULL FAITH AND CREDIT GIVEN TO MARRIAGE EQUALITY.

    Chapter 115 of title 28, United States Code, as amended by this Act, 
is further amended by inserting after section 1738B the following:
``Sec. 1738C. <<NOTE: 28 USC 1738C.>>  Certain acts, records, and 
                    proceedings and the effect thereof

    ``(a) In General.--No person acting under color of State law may 
deny--
            ``(1) full faith and credit to any public act, record, or 
        judicial proceeding of any other State pertaining to a marriage 
        between 2 individuals, on the basis of the sex, race, ethnicity, 
        or national origin of those individuals; or
            ``(2) a right or claim arising from such a marriage on the 
        basis that such marriage would not be recognized under the law 
        of that State on the basis of the sex, race, ethnicity, or 
        national origin of those individuals.

[[Page 136 STAT. 2306]]

    ``(b) Enforcement by Attorney General.--The Attorney General may 
bring a civil action in the appropriate United States district court 
against any person who violates subsection (a) for declaratory and 
injunctive relief.
    ``(c) Private Right of Action.--Any person who is harmed by a 
violation of subsection (a) may bring a civil action in the appropriate 
United States district court against the person who violated such 
subsection for declaratory and injunctive relief.
    ``(d) State Defined.--In this section, the term `State' has the 
meaning given such term under section 7 of title 1.''.
SEC. 5. MARRIAGE RECOGNITION.

    Section 7 of title 1, United States Code, is amended to read as 
follows:
``Sec. 7. Marriage

    ``(a) For the purposes of any Federal law, rule, or regulation in 
which marital status is a factor, an individual shall be considered 
married if that individual's marriage is between 2 individuals and is 
valid in the State where the marriage was entered into or, in the case 
of a marriage entered into outside any State, if the marriage is between 
2 individuals and is valid in the place where entered into and the 
marriage could have been entered into in a State.
    ``(b) <<NOTE: Definition.>>  In this section, the term `State' means 
a State, the District of Columbia, the Commonwealth of Puerto Rico, or 
any other territory or possession of the United States.

    ``(c) For purposes of subsection (a), in determining whether a 
marriage is valid in a State or the place where entered into, if outside 
of any State, only the law of the jurisdiction applicable at the time 
the marriage was entered into may be considered.''.
SEC. 6. <<NOTE: 1 USC 7 note.>>  NO IMPACT ON RELIGIOUS LIBERTY 
                    AND CONSCIENCE.

    (a) In General.--Nothing in this Act, or any amendment made by this 
Act, shall be construed to diminish or abrogate a religious liberty or 
conscience protection otherwise available to an individual or 
organization under the Constitution of the United States or Federal law.
    (b) Goods or Services.--Consistent with the First Amendment to the 
Constitution, nonprofit religious organizations, including churches, 
mosques, synagogues, temples, nondenominational ministries, 
interdenominational and ecumenical organizations, mission organizations, 
faith-based social agencies, religious educational institutions, and 
nonprofit entities whose principal purpose is the study, practice, or 
advancement of religion, and any employee of such an organization, shall 
not be required to provide services, accommodations, advantages, 
facilities, goods, or privileges for the solemnization or celebration of 
a marriage. Any refusal under this subsection to provide such services, 
accommodations, advantages, facilities, goods, or privileges shall not 
create any civil claim or cause of action.
SEC. 7. <<NOTE: 1 USC 7 note.>>  STATUTORY PROHIBITION.

    (a) No Impact on Status and Benefits Not Arising From a Marriage.--
Nothing in this Act, or any amendment made by this Act, shall be 
construed to deny or alter any benefit, status, or right of an otherwise 
eligible entity or person which does not arise from a marriage, 
including tax-exempt status, tax treatment,

[[Page 136 STAT. 2307]]

educational funding, or a grant, contract, agreement, guarantee, loan, 
scholarship, license, certification, accreditation, claim, or defense.
    (b) No Federal Recognition of Polygamous Marriages.--Nothing in this 
Act, or any amendment made by this Act, shall be construed to require or 
authorize Federal recognition of marriages between more than 2 
individuals.
SEC. 8. <<NOTE: 1 USC 7 note.>>  SEVERABILITY.

    If any provision of this Act, or any amendment made by this Act, or 
the application of such provision to any person, entity, government, or 
circumstance, is held to be unconstitutional, the remainder of this Act, 
or any amendment made thereby, or the application of such provision to 
all other persons, entities, governments, or circumstances, shall not be 
affected thereby.

    Approved December 13, 2022.

LEGISLATIVE HISTORY--H.R. 8404:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 168 (2022):
            July 19, considered and passed House.
            Nov. 17, 28, 29, considered and passed Senate, amended.
            Dec. 8, House concurred in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
            Dec. 13, Presidential remarks.

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