To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.
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.
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3380)
Cloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)
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)
Roll Call #362 (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)
Roll Call #362 (Senate)Message on Senate action sent to the House.
Pursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)
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.
The previous question was ordered pursuant to the rule.
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)
Roll Call #513 (House)Enacted as Public Law 117-228
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
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)
Roll Call #513 (House)Motion to reconsider laid on the table. Objection heard.
Perlmutter moved to reconsider the vote on agreeing to the Senate amendment to H.R. 8404.
Mr. Cicilline moved to table the motion to reconsider the vote
On motion to table the motion to reconsider the vote Agreed to by the Yeas and Nays: 224 - 164 (Roll no. 514).
Roll Call #514 (House)Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 117-228.
Became Public Law No: 117-228.