Respect for Marriage Act

Bill: 117-hr-8404
Sponsor: Rep. Nadler, Jerrold [D-NY-10]
Introduced: 2022-07-18 in the House
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Civil actions and liability
Due process and equal protection
Family relationships
Marriage and family status
Racial and ethnic relations
Sex, gender, sexual orientation discrimination

Summary:
action_date: 2022-07-18
text: 

Respect for Marriage Act

 
This bill provides statutory authority for same-sex and interracial marriages. 
 
Specifically, the bill 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 that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in 
United States v. Windsor 
in 2013.)
 
The bill 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 bill allows the Department of Justice to bring a civil action and establishes a private right of action for violations. 

action_date: 2022-07-19
text: 

Respect for Marriage Act

 
This bill provides statutory authority for same-sex and interracial marriages. 
 
Specifically, the bill 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 that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in 
United States v. Windsor 
in 2013.)
 
The bill 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 bill allows the Department of Justice to bring a civil action and establishes a private right of action for violations. 

action_date: 2022-11-29
text: 

Respect for Marriage Act

 
This bill provides statutory authority for same-sex and interracial marriages. 
 
Specifically, the bill 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 bill 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 bill allows the Department of Justice to bring a civil action and establishes a private right of action for violations. 
 
The bill 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.

action_date: 2022-12-08
text: 

Respect for Marriage Act

 
This bill provides statutory authority for same-sex and interracial marriages. 
 
Specifically, the bill 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 bill 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 bill allows the Department of Justice to bring a civil action and establishes a private right of action for violations. 
 
The bill 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.

action_date: 2022-12-13
text: 

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.


Legislative actions:
action_date: 2022-12-13
text: Became Public Law No: 117-228.
action_date: 2022-12-13
text: Became Public Law No: 117-228.
action_date: 2022-12-13
text: Signed by President.
action_date: 2022-12-13
text: Signed by President.
action_date: 2022-12-09
text: Presented to President.
action_date: 2022-12-09
text: Presented to President.
action_date: 2022-12-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2022-12-08
text: On motion to table the motion to reconsider the vote Agreed to by the Yeas and Nays: 224 - 164 (Roll no. 514).
action_date: 2022-12-08
text: Mr. Cicilline moved to table the motion to reconsider the vote
action_date: 2022-12-08
text: Perlmutter moved to reconsider the vote on agreeing to the Senate amendment to H.R. 8404.
action_date: 2022-12-08
text: Motion to reconsider laid on the table. Objection heard.
action_date: 2022-12-08
text: On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 258 - 169, 1 Present (Roll no. 513). (text of amendment in the nature of a substitute: CR H8827)
action_date: 2022-12-08
text: Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 258 - 169, 1 Present (Roll no. 513).(text of amendment in the nature of a substitute: CR H8827)
action_date: 2022-12-08
text: The previous question was ordered pursuant to the rule.
action_date: 2022-12-08
text: Pursuant to the provisions of H.Res 1510, the House proceeded with one hour of debate on the Nadler motion to concur in the Senate amendment to H.R. 8404.
action_date: 2022-12-08
text: Pursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)
action_date: 2022-11-30
text: Message on Senate action sent to the House.
action_date: 2022-11-29
text: Passed Senate under the order of 11/28/22, having achieved 60 votes in the affirmative, with an amendment by Yea-Nay Vote. 61 - 36. Record Vote Number: 362. (text of amendment in the nature of a substitute: CR S6771)
action_date: 2022-11-29
text: Passed/agreed to in Senate: Passed Senate under the order of 11/28/22, having achieved 60 votes in the affirmative, with an amendment by Yea-Nay Vote. 61 - 36. Record Vote Number: 362.(text of amendment in the nature of a substitute: CR S6771)
action_date: 2022-11-29
text: Cloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)
action_date: 2022-11-29
text: Considered by Senate. (consideration: CR S6831-6846)
action_date: 2022-11-28
text: Motion by Senator Schumer to refer to Senate Committee on the Judiciary with instructions to report back forthwith with the following amendment (SA 6490) fell when cloture was invoked on SA 6487 in Senate.
action_date: 2022-11-28
text: Considered by Senate. (consideration: CR S6809, S6817)
action_date: 2022-11-17
text: Cloture motion on the measure presented in Senate. (CR S6772)
action_date: 2022-11-17
text: Motion by Senator Schumer to refer to Senate Committee on the Judiciary with instructions to report back forthwith with the following amendment (SA 6490) made in Senate.
action_date: 2022-11-17
text: Measure laid before Senate by motion.
action_date: 2022-11-17
text: Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 53 - 23. Record Vote Number: 357.
action_date: 2022-11-17
text: Motion to proceed to measure considered in Senate. (CR S6770)
action_date: 2022-11-16
text: Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 62 - 37. Record Vote Number: 356.
action_date: 2022-11-16
text: Motion to proceed to measure considered in Senate. (CR S6715-6725)
action_date: 2022-11-14
text: Cloture motion on the motion to proceed to the measure presented in Senate. (CR S6642)
action_date: 2022-11-14
text: Motion to proceed to consideration of measure made in Senate. (CR S6642)
action_date: 2022-07-21
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 449.
action_date: 2022-07-20
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2022-07-19
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2022-07-19
text: On passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373). (text: CR H6719)
action_date: 2022-07-19
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373).(text: CR H6719)
action_date: 2022-07-19
text: Considered as unfinished business. (consideration: CR H6859)
action_date: 2022-07-19
text: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 8404, the Chair put the question on passage and by voice vote, announced that the ayes had prevailed. Mr. Jordan demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
action_date: 2022-07-19
text: The previous question was ordered pursuant to the rule.
action_date: 2022-07-19
text: DEBATE - The House proceeded with one hour of debate on H.R. 8404.
action_date: 2022-07-19
text: Rule provides for consideration of H.R. 8294, H.R. 8373 and H.R. 8404. Provides for one of hour of general debate on each bill as well as one motion to recommit. Amendments are made in order. Resolution also provides for en bloc suspension authority. H. Res. 1230 is considered adopted.
action_date: 2022-07-19
text: Considered under the provisions of rule H. Res. 1232. (consideration: CR H6719-6728)
action_date: 2022-07-19
text: Rule H. Res. 1232 passed House.
action_date: 2022-07-19
text: Rules Committee Resolution H. Res. 1232 Reported to House. Rule provides for consideration of H.R. 8294, H.R. 8373 and H.R. 8404. Provides for one of hour of general debate on each bill as well as one motion to recommit. Amendments are made in order. Resolution also provides for en bloc suspension authority. H. Res. 1230 is considered adopted.
action_date: 2022-07-18
text: Referred to the House Committee on the Judiciary.
action_date: 2022-07-18
text: Introduced in House
action_date: 2022-07-18
text: Introduced in House

Enacted as: number: 117-228