H.R. 8404 · 117th Congress · House

Respect for Marriage Act

Enacted· Became Public Law No: 117-228.
Introduced
Jul 18, 22
Passed House
Jul 19, 22
Passed Senate
Nov 29, 22
Sent to President
Dec 9, 22
Signed into Law
Dec 13, 22

Executive 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.

Previous Versions

59Dec 8, 2022

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.

55Nov 29, 2022

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.

53Jul 19, 2022

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.

00Jul 18, 2022

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 Timeline

48
  1. DEC 13, 2022BecameLaw

    Signed by President.

  2. DEC 13, 2022President

    Signed by President.

  3. DEC 13, 2022BecameLaw

    Became Public Law No: 117-228.

    117Yea
    228Nay
    0NV
  4. DEC 13, 2022President

    Became Public Law No: 117-228.

    117Yea
    228Nay
    0NV
  5. DEC 09, 2022President

    Presented to President.

  6. DEC 09, 2022Floor

    Presented to President.

  7. DEC 08, 2022ResolvingDifferences

    Pursuant to the provisions of H.Res

    1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)

    8827Yea
    8839Nay
    0NV
  8. DEC 08, 2022Floor

    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. DEC 08, 2022ResolvingDifferences

    The previous question was ordered pursuant to the rule.

  10. DEC 08, 2022NotUsed

    Resolving differences -- House actions

    Roll Call #513

    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)

    258Yea
    169Nay
    0NV
  11. DEC 08, 2022ResolvingDifferences

    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
    258Yea
    169Nay
    0NV
  12. DEC 08, 2022Floor

    Motion to reconsider laid on the table. Objection heard.

  13. DEC 08, 2022ResolvingDifferences

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

  14. DEC 08, 2022ResolvingDifferences

    Mr

    Cicilline moved to table the motion to reconsider the vote

  15. DEC 08, 2022ResolvingDifferences

    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
    224Yea
    164Nay
    0NV
  16. DEC 08, 2022ResolvingDifferences

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

  17. NOV 30, 2022Floor

    Message on Senate action sent to the House.

  18. NOV 29, 2022Floor

    Considered by Senate

    (consideration: CR S6831-6846)

    6831Yea
    6846Nay
    0NV
  19. NOV 29, 2022Floor

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

  20. NOV 29, 2022Floor

    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)

    61Yea
    36Nay
    0NV
  21. NOV 29, 2022Floor

    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)

    61Yea
    36Nay
    0NV
  22. NOV 28, 2022Floor

    Considered by Senate

    (consideration: CR S6809, S6817)

  23. NOV 28, 2022Floor

    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. NOV 17, 2022Floor

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

  25. NOV 17, 2022Floor

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

    53Yea
    23Nay
    0NV
  26. NOV 17, 2022Floor

    Measure laid before Senate by motion.

  27. NOV 17, 2022Floor

    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. NOV 17, 2022Floor

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

  29. NOV 16, 2022Floor

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

    6715Yea
    6725Nay
    0NV
  30. NOV 16, 2022Floor

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

    62Yea
    37Nay
    0NV
  31. NOV 14, 2022Floor

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

  32. NOV 14, 2022Floor

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

  33. JUL 21, 2022Calendars

    Read the second time

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 449.

  34. JUL 20, 2022Calendars

    Received in the Senate

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

  35. JUL 19, 2022Floor

    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. JUL 19, 2022Floor

    Rule H

    Res. 1232 passed House.

  37. JUL 19, 2022Floor

    Considered under the provisions of rule H

    Res. 1232. (consideration: CR H6719-6728)

    6719Yea
    6728Nay
    0NV
  38. JUL 19, 2022Floor

    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. JUL 19, 2022Floor

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

  40. JUL 19, 2022Floor

    The previous question was ordered pursuant to the rule.

  41. JUL 19, 2022Floor

    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. JUL 19, 2022Floor

    Considered as unfinished business

    (consideration: CR H6859)

  43. JUL 19, 2022Floor

    Passed/agreed to in House

    Roll Call #373

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

    267Yea
    157Nay
    0NV
  44. JUL 19, 2022Floor

    On passage Passed by the Yeas and Nays

    Roll Call #373

    267 - 157 (Roll no. 373). (text: CR H6719)

    267Yea
    157Nay
    0NV
  45. JUL 19, 2022Floor

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

  46. JUL 18, 2022IntroReferral

    Introduced in House

  47. JUL 18, 2022IntroReferral

    Introduced in House

  48. JUL 18, 2022IntroReferral

    Referred to the House Committee on the Judiciary.

Committees

1

Judiciary Committee

hsju00

Referred: Jul 18, 2022

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