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Public Law117th CongressCivil Rights and Liberties, Minority Issues
H.R. 8404Became Law

Respect for Marriage Act

This bill became law

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Law

What it doesSummary public law (Dec 13, 2022)

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.

What just happenedDec 13, 2022

Became Public Law No: 117-228.

Who’s behind it

Rep. Nadler, Jerrold [D-NY-10](D-NY)Sponsor
189 cosponsors189 D
Read on Congress.gov
189cosponsors1committees48actions20amendments2related bills6subjects
  1. Dec 13, 2022President

    Became Public Law No: 117-228.

  2. Dec 13, 2022BecameLaw36000

    Became Public Law No: 117-228.

  3. Dec 13, 2022President

    Signed by President.

  4. Dec 13, 2022BecameLaw36000

    Signed by President.

  5. Dec 9, 2022Floor

    Presented to President.

  6. Dec 9, 2022President28000

    Presented to President.

  7. Dec 8, 2022ResolvingDifferencesH41931

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

  8. Dec 8, 2022ResolvingDifferencesH41931

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

  9. Dec 8, 2022ResolvingDifferencesH82000

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

  10. Dec 8, 2022ResolvingDifferencesH41930

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

  11. Dec 8, 2022FloorH8D000

    Motion to reconsider laid on the table. Objection heard.

  12. Dec 8, 2022ResolvingDifferencesH41610

    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)

  13. Dec 8, 2022NotUsed19500

    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)

  14. Dec 8, 2022ResolvingDifferencesH41400

    The previous question was ordered pursuant to the rule.

  15. Dec 8, 2022FloorH8D000

    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.

  16. Dec 8, 2022ResolvingDifferencesH40150

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

  17. Nov 30, 2022Floor

    Message on Senate action sent to the House.

  18. 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)

  19. Nov 29, 2022Floor17000

    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)

  20. Nov 29, 2022Floor

    Cloture motion on the measure withdrawn by unanimous consent in Senate.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

  21. Nov 29, 2022Floor

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

  22. 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.

    Judiciary Committee
  23. Nov 28, 2022Floor

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

  24. Nov 17, 2022Floor

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

  25. 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.

    Judiciary Committee
  26. Nov 17, 2022Floor

    Measure laid before Senate by motion.

  27. Nov 17, 2022Floor

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

  28. Nov 17, 2022Floor

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

  29. 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.

  30. Nov 16, 2022Floor

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

  31. Nov 14, 2022Floor

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

  32. Nov 14, 2022Floor

    Motion to proceed to consideration of measure made 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, 2022FloorH38310

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

  36. Jul 19, 2022FloorH37100

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

  37. Jul 19, 2022Floor8000

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

  38. Jul 19, 2022FloorH30000

    Considered as unfinished business. (consideration: CR H6859)

  39. Jul 19, 2022FloorH8D000

    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.

  40. Jul 19, 2022FloorH35000

    The previous question was ordered pursuant to the rule.

  41. Jul 19, 2022FloorH8D000

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

  42. Jul 19, 2022FloorH8D000

    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.

  43. Jul 19, 2022FloorH30000

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

  44. Jul 19, 2022FloorH1L220

    Rule H. Res. 1232 passed House.

  45. Jul 19, 2022FloorH1L210

    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.

  46. Jul 18, 2022IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  47. Jul 18, 2022IntroReferralIntro-H

    Introduced in House

  48. Jul 18, 2022IntroReferral1000

    Introduced in House

Public LawDec 13, 202249

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.

House agreed to Senate amendmentDec 8, 202259

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.

Passed SenateNov 29, 202255

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.

Passed HouseJul 19, 202253

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.

Introduced in HouseJul 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.

Respect for Marriage Act — Informed