[117th Congress Public Law 228]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 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. <<NOTE: Dec. 13,
2022 - [H.R. 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. SHORT TITLE.
This Act may be cited as the ``Respect for Marriage Act''.
SEC. 2. <<NOTE: 1 USC 7 note.>> FINDINGS.
Congress finds the following:
(1) No union is more profound than marriage, for it embodies
the highest ideals of love, fidelity, devotion, sacrifice, and
family.
(2) Diverse beliefs about the role of gender in marriage are
held by reasonable and sincere people based on decent and
honorable religious or philosophical premises. Therefore,
Congress affirms that such people and their diverse beliefs are
due proper respect.
(3) Millions of people, including interracial and same-sex
couples, have entered into marriages and have enjoyed the rights
and privileges associated with marriage. Couples joining in
marriage deserve to have the dignity, stability, and ongoing
protection that marriage affords to families and children.
SEC. 3. 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Section 1738C of title 28, United States Code, is repealed.
SEC. 4. 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:
``Sec. 1738C. <<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; 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.
[[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.
``(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.''.
SEC. 5. MARRIAGE RECOGNITION.
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) <<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.
``(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.''.
SEC. 6. <<NOTE: 1 USC 7 note.>> NO IMPACT ON RELIGIOUS LIBERTY
AND CONSCIENCE.
(a) In General.--Nothing in this Act, or any amendment made by this
Act, shall be construed to diminish or abrogate a religious liberty or
conscience protection otherwise available to an individual or
organization under the Constitution of the United States or Federal law.
(b) Goods or Services.--Consistent with the First Amendment to the
Constitution, nonprofit religious organizations, including churches,
mosques, synagogues, temples, nondenominational ministries,
interdenominational and ecumenical organizations, mission organizations,
faith-based social agencies, religious educational institutions, and
nonprofit entities whose principal purpose is the study, practice, or
advancement of religion, and any employee of such an organization, shall
not be required to provide services, accommodations, advantages,
facilities, goods, or privileges for the solemnization or celebration of
a marriage. Any refusal under this subsection to provide such services,
accommodations, advantages, facilities, goods, or privileges shall not
create any civil claim or cause of action.
SEC. 7. <<NOTE: 1 USC 7 note.>> STATUTORY PROHIBITION.
(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.
SEC. 8. <<NOTE: 1 USC 7 note.>> 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.
Approved December 13, 2022.
LEGISLATIVE HISTORY--H.R. 8404:
---------------------------------------------------------------------------
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.
<all>