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H.R. 8404: Respect for Marriage Act


The text of the bill below is as of Jul 21, 2022 (Placed on Calendar in the Senate).


II

Calendar No. 449

117th CONGRESS

2d Session

H. R. 8404

IN THE SENATE OF THE UNITED STATES

July 20, 2022

Received; read the first time

July 21, 2022

Read the second time and placed on the calendar

AN ACT

To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.

1.

Short title

This Act may be cited as the Respect for Marriage Act.

2.

Repeal of section added to title 28, United States Code, by section 2 of the Defense of Marriage Act

Section 1738C of title 28, United States Code, is repealed.

3.

Full faith and credit given to marriage equality

Chapter 115 of title 28, United States Code, as amended by this Act, is further amended by inserting after section 1738B the following:

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; 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.

.

4.

Marriage recognition

Section 7 of title 1, United States Code, is amended to read as follows:

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 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 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.

.

5.

Severability

If any provision of this Act, or any amendment made by this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or any amendment made thereby, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

Passed the House of Representatives July 19, 2022.

Cheryl L. Johnson,

Clerk.

July 21, 2022

Read the second time and placed on the calendar