Respect for Marriage Act

11/10/2023, 4:56 AM

Respect for Marriage Act

This bill provides statutory authority for same-sex and interracial marriages.

Specifically, the bill repeals and 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 repeals and 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, gender, 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.

Congress
117

Number
S - 4556

Introduced on
2022-07-19

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

7/19/2022

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Respect for Marriage Act

This bill provides statutory authority for same-sex and interracial marriages.

Specifically, the bill repeals and 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 repeals and 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, gender, 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.

Alternative Names
Official Title as IntroducedA bill to repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.

Policy Areas
Civil Rights and Liberties, Minority Issues

Comments

Recent Activity

Latest Summary9/12/2022

Respect for Marriage Act

This bill provides statutory authority for same-sex and interracial marriages.

Specifically, the bill repeals and replaces provisions that define, for purposes of federal law, marriage as betw...


Latest Action7/19/2022
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3380)