United States 117th Congress ✓ Enacted · P.L. 117-228 1 D cosponsors

HR 8404 — Respect for Marriage Act

Last action — Became Public Law No: 117-228.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced July 18, 2022. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

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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.

Bill Text

What changed in the latest version

76 added · 73 removed

Plain-language change summary

The changes in HR 8404 include the addition of specific text that clarifies the findings regarding marriage, emphasizing its significance and the diverse beliefs about gender roles held by people. Additionally, there were minor adjustments in the phrasing throughout the findings section. These revisions do not alter the substantive provisions but may enhance understanding of the values underlying the legislation.

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[Congressional Bills 117th Congress] [From the U.S.
[117th Congress Public Law 228] [From the U.S.
Government Publishing Office] [H.R.
Government Publishing Office] [[Page 136 STAT.
8404 Engrossed Amendment Senate (EAS)] <DOC> In the Senate of the United States, November 29, 2022.
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.
Resolved, That the bill from the House of Representatives (H.R.
<<NOTE:
8404) entitled ``An Act to repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.'', do pass with the following AMENDMENT:
Dec.
Strike all after the enacting clause and insert the following:
13, - [H.R.
SECTION 1.
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.
FINDINGS.
<<NOTE:
1 USC 7 note.>> FINDINGS.
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;
<<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;
``(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.
[[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.
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.
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 individuals and is valid in the place where entered into and the marriage could have been entered into in a State.
``(b) 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.
``(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.
NO IMPACT ON RELIGIOUS LIBERTY AND CONSCIENCE.
<<NOTE:
1 USC 7 note.>> NO IMPACT ON RELIGIOUS LIBERTY AND CONSCIENCE.
STATUTORY PROHIBITION.
<<NOTE:
(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, educational funding, or a grant, contract, agreement, guarantee, loan, scholarship, license, certification, accreditation, claim, or defense.
1 USC 7 note.>> STATUTORY PROHIBITION.
(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 individuals.
(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.
SEVERABILITY.
<<NOTE:
1 USC 7 note.>> SEVERABILITY.
Attest:
Approved December 13, 2022.
Secretary.
LEGISLATIVE HISTORY--H.R.
117th CONGRESS 2d Session H.R.
8404:
8404 _______________________________________________________________________ AMENDMENT
--------------------------------------------------------------------------- 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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Sections of law this bill changes

2 sections in 2 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Rules of construction · 1 U.S.C. ch. 1 1 section
  • § 7 Marriage Amends

    1 U.S.C. § 7

    The law today

    (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) 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.

    8 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Evidence; documentary · 28 U.S.C. ch. 115 1 section 1 repealed
  • § 1738C Certain acts, records, and proceedings and the effect thereof Repeals

    28 U.S.C. § 1738C

    The law today

    (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. (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.

    2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

3 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill repeals existing provisions related to marriage under federal law and establishes new definitions and protections for marriage equality.

  • 28 U.S.C. § 1738C

    Section 1738C of title 28, United States Code, is repealed.

    Repeals the previous law that denied full faith and credit to marriages based on sex, race, ethnicity, or national origin.

  • 1 U.S.C. § 7

    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) 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.

    Replaces the existing definition of marriage for federal purposes, affirming that marriages between two individuals are recognized.

  • Sec. 4. FULL FAITH AND CREDIT GIVEN TO MARRIAGE EQUALITY...

    Establishes new protections for marriage equality under federal law.

Action History

  1. Signed by President.

  2. Signed by President.

  3. Became Public Law No: 117-228.

  4. Became Public Law No: 117-228.

  5. Presented to President.

  6. Presented to President.

  7. Pursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)

  8. 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.

  9. The previous question was ordered pursuant to the rule.

  10. 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)

  11. 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)

  12. Motion to reconsider laid on the table. Objection heard.

  13. Perlmutter moved to reconsider the vote on agreeing to the Senate amendment to H.R. 8404.

  14. Mr. Cicilline moved to table the motion to reconsider the vote

  15. On motion to table the motion to reconsider the vote Agreed to by the Yeas and Nays: 224 - 164 (Roll no. 514).

  16. Motion to reconsider laid on the table Agreed to without objection.

  17. Message on Senate action sent to the House.

  18. Considered by Senate. (consideration: CR S6831-6846)

  19. Cloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)

  20. 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)

  21. 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)

  22. Considered by Senate. (consideration: CR S6809, S6817)

  23. 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.

  24. Motion to proceed to measure considered in Senate. (CR S6770)

  25. Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 53 - 23. Record Vote Number: 357.

  26. Measure laid before Senate by motion.

  27. 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.

  28. Cloture motion on the measure presented in Senate. (CR S6772)

  29. Motion to proceed to measure considered in Senate. (CR S6715-6725)

  30. Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 62 - 37. Record Vote Number: 356.

  31. Motion to proceed to consideration of measure made in Senate. (CR S6642)

  32. Cloture motion on the motion to proceed to the measure presented in Senate. (CR S6642)

  33. Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 449.

  34. Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  35. 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.

  36. Rule H. Res. 1232 passed House.

  37. Considered under the provisions of rule H. Res. 1232. (consideration: CR H6719-6728)

  38. 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.

  39. DEBATE - The House proceeded with one hour of debate on H.R. 8404.

  40. The previous question was ordered pursuant to the rule.

  41. 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.

  42. Considered as unfinished business. (consideration: CR H6859)

  43. Passed/agreed to in House: On passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373).(text: CR H6719)

  44. On passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373). (text: CR H6719)

  45. Motion to reconsider laid on the table Agreed to without objection.

  46. Introduced in House

  47. Introduced in House

  48. Referred to the House Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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civil-rights
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Frequently asked questions

What does HR 8404 do?
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.
Who sponsors HR 8404?
HR 8404 is sponsored by Nadler, Jerrold (Democratic).
What is the current status of HR 8404?
This bill has been enacted into law. Introduced July 18, 2022. Enacted.
Where can I track HR 8404?
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