Loving v. Virginia Codification Act of 2022

Bill: 117-hr-8396
Sponsor: full_name: Rep. Ocasio-Cortez, Alexandria [D-NY-14]
Introduced: 2022-07-15
Policy area: Civil Rights and Liberties, Minority Issues
Latest action: action_date: 2022-11-01
text: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Summaries:
action_date: 2022-07-15
action_desc: Introduced in House
text: <p><b>Loving v. Virginia Codification Act of 2022</b></p> <p>This bill provides statutory authority for interracial marriages. </p> <p>Specifically, the bill prohibits any state from enacting a law or regulation that infringes on the right to marry or not marry a person of another race. (The Supreme Court held that state laws barring interracial marriages were unconstitutional in <i>Loving v. Virginia</i> in 1967.) </p> <p>The bill allows the Department of Justice to bring a civil action for violations. It also establishes a private right of action through Section 1983 lawsuits (Section 1983 is a federal statute that allows individuals to sue state or local government actors for violations of constitutional rights).</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 8396 IN THE HOUSE OF REPRESENTATIVES July 15, 2022 Ms. Ocasio-Cortez introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect the constitutional right to marry a person of another race, and for other purposes.

1. Short title This Act may be cited as the Loving v. Virginia Codification Act of 2022 . 2. Findings Congress finds the following: (1) In Loving v. Virginia (388 U.S. 1 (1967)), the United States Supreme Court stated Marriage is one of the basic civil rights of man . (2) In Loving v. Virginia (388 U.S. 1 (1967)), the United States Supreme Court stated Under the Constitution, the freedom to marry or not marry a person of another race resides with the individual and cannot be infringed by the State . 3. Protection of right to marry (a) In general A State may not enact a law or regulation that infringes on the right to marry or not marry a person of another race. (b) Enforcement by Attorney General The Attorney General may commence a civil action on behalf of the United States against any State that violates, or against any government official that implements or enforces a law or regulation that violates subsection (a). The court shall hold unlawful and set aside the law or regulation if it is in violation of subsection (a). (c) Private right of action A violation of subsection (a) constitutes a deprivation of any rights, privileges, or immunities secured by the Constitution and laws for purposes of section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ), and a person injured thereby may bring an action under such section.