Text of US HB 8404 (2022)

I 117TH CONGRESS 2D SESSION H. R. 8404 To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 18, 2022 Mr. NADLER (for himself, Mr. CICILLINE, Ms. DAVIDS of Kansas, Mr. JONES, Mr. SEAN PATRICK MALONEY of New York, Mr. POCAN, Mr. TAKANO, Ms. CRAIG, Mr. PAPPAS, Mr. TORRES of New York, Mrs. BEATTY, Mr. RUIZ, Ms. CHU, Mr. JEFFRIES, Mr. SMITH of Washington, Mr. PAYNE, Mr. BROWN of Maryland, Ms. SCHAKOWSKY, Mrs. WATSON COLEMAN, Mr. COOPER, Mr. DANNY K. DAVIS of Illinois, Ms. PORTER, Mr. CARTER of Louisiana, Mr. LOWENTHAL, Mr. LARSON of Connecticut, Ms. GARCIA of Texas, Mr. BERA, Mr. NORCROSS, Mr. DEUTCH, Mr. TONKO, Mr. CLEAVER, Ms. STEVENS, Ms. SA´NCHEZ, Mr. JOHNSON of Georgia, Mr. TRONE, Mr. BOWMAN, Ms. PRESSLEY, Ms. KUSTER, Ms. BARRAGA´N, Ms. PINGREE, Mr. ESPAILLAT, Mr. GALLEGO, Mr. WELCH, Mr. LANGEVIN, Ms. NORTON, Ms. MENG, Mrs. BUSTOS, Ms. WILSON of Florida, Mr. PALLONE, Mr. HIGGINS of New York, Mr. SARBANES, Ms. BASS, Mr. SCHIFF, Mrs. LAWRENCE, Mr. CASTRO of Texas, Ms. JACOBS of Cali- fornia, Mr. THOMPSON of California, Mr. HORSFORD, Mr. DESAULNIER, Mr. CARBAJAL, Mr. CASTEN, Mr. KAHELE, Ms. STRICKLAND, Mr. RASKIN, Ms. SPEIER, Ms. SHERRILL, Mr. CONNOLLY, Ms. TLAIB, Mr. BLUMENAUER, Ms. STANSBURY, Mr. AUCHINCLOSS, Ms. KELLY of Illi- nois, Ms. WASSERMAN SCHULTZ, Ms. WILLIAMS of Georgia, Mr. FOSTER, Ms. TITUS, Ms. ADAMS, Mr. GRIJALVA, Mr. DOGGETT, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. LIEU, Ms. ROSS, Mrs. FLETCHER, Mr. GARAMENDI, Ms. KAPTUR, Mrs. AXNE, Mr. KILMER, Ms. JAYAPAL, Mrs. DINGELL, Ms. LEE of California, Mrs. CAROLYN B. MALONEY of New York, Mr. CROW, Mr. MCEACHIN, Mr. HIMES, Mr. LAWSON of Florida, Mr. CA´RDENAS, Ms. JACKSON LEE, Mr. COSTA, Mr. MORELLE, Mr. AGUILAR, Mr. YARMUTH, Mr. KILDEE, Mr. LEVIN of Michigan, Mr. MI- CHAEL F. DOYLE of Pennsylvania, Mr. CRIST, Mr. EVANS, Mr. STAN- TON, Ms. VELA´ZQUEZ, Mr. GOMEZ, Mr. SOTO, Ms. MCCOLLUM, Mr. CORREA, Ms. ROYBAL-ALLARD, Mr. PASCRELL, Ms. DELBENE, Ms. MATSUI, Mrs. KIRKPATRICK, Mrs. NAPOLITANO, Ms. BLUNT ROCH- ESTER, Mr. ALLRED, Ms. DEGETTE, Ms. MOORE of Wisconsin, Mr. NEGUSE, Ms. BROWNLEY, Mr. DEFAZIO, Mr. COHEN, Mr. KIM of New Jersey, Ms. SPANBERGER, Mr. SWALWELL, Mr. PHILLIPS, Mr. BEYER, VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H8404.IH H8404 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8404 IH Mr. MEEKS, Ms. OCASIO-CORTEZ, Mr. LYNCH, Mr. CARSON, Mr. MCNERNEY, Ms. SEWELL, Ms. OMAR, Mr. LARSEN of Washington, Mrs. TRAHAN, Mr. KRISHNAMOORTHI, Mr. KEATING, Mr. GREEN of Texas, Mr. QUIGLEY, Mrs. MURPHY of Florida, Ms. CASTOR of Florida, Ms. CLARK of Massachusetts, Ms. LEGER FERNANDEZ, Mrs. HAYES, Mr. PERLMUTTER, Ms. ESHOO, Ms. DEAN, Mr. MALINOWSKI, Mr. GOTTHEIMER, Mr. SCHNEIDER, Mr. MOULTON, Ms. UNDERWOOD, Ms. WILD, Mr. MFUME, Mr. SCOTT of Virginia, and Ms. SLOTKIN) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Respect for Marriage 4 Act’’. 5 SEC. 2. REPEAL OF SECTION ADDED TO TITLE 28, UNITED 6 STATES CODE, BY SECTION 2 OF THE DE- 7 FENSE OF MARRIAGE ACT. 8 Section 1738C of title 28, United States Code, is re- 9 pealed. 10 SEC. 3. FULL FAITH AND CREDIT GIVEN TO MARRIAGE 11 EQUALITY. 12 Chapter 115 of title 28, United States Code, as 13 amended by this Act, is further amended by inserting after 14 section 1738B the following: 15 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8404.IH H8404 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8404 IH ‘‘§ 1738C. Certain acts, records, and proceedings and 1 the effect thereof 2 ‘‘(a) IN GENERAL.—No person acting under color of 3 State law may deny— 4 ‘‘(1) full faith and credit to any public act, 5 record, or judicial proceeding of any other State per- 6 taining to a marriage between 2 individuals, on the 7 basis of the sex, race, ethnicity, or national origin of 8 those individuals; or 9 ‘‘(2) a right or claim arising from such a mar- 10 riage on the basis that such marriage would not be 11 recognized under the law of that State on the basis 12 of the sex, race, ethnicity, or national origin of those 13 individuals. 14 ‘‘(b) ENFORCEMENT BY ATTORNEY GENERAL.—The 15 Attorney General may bring a civil action in the appro- 16 priate United States district court against any person who 17 violates subsection (a) for declaratory and injunctive relief. 18 ‘‘(c) PRIVATE RIGHT OF ACTION.—Any person who 19 is harmed by a violation of subsection (a) may bring a 20 civil action in the appropriate United States district court 21 against the person who violated such subsection for declar- 22 atory and injunctive relief. 23 ‘‘(d) STATE DEFINED.—In this section, the term 24 ‘State’ has the meaning given such term under section 7 25 of title 1.’’. 26 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8404.IH H8404 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8404 IH SEC. 4. MARRIAGE RECOGNITION. 1 Section 7 of title 1, United States Code, is amended 2 to read as follows: 3 ‘‘§ 7. Marriage 4 ‘‘(a) For the purposes of any Federal law, rule, or 5 regulation in which marital status is a factor, an indi- 6 vidual shall be considered married if that individual’s mar- 7 riage is valid in the State where the marriage was entered 8 into or, in the case of a marriage entered into outside any 9 State, if the marriage is valid in the place where entered 10 into and the marriage could have been entered into in a 11 State. 12 ‘‘(b) In this section, the term ‘State’ means a State, 13 the District of Columbia, the Commonwealth of Puerto 14 Rico, or any other territory or possession of the United 15 States. 16 ‘‘(c) For purposes of subsection (a), in determining 17 whether a marriage is valid in a State or the place where 18 entered into, if outside of any State, only the law of the 19 jurisdiction applicable at the time the marriage was en- 20 tered into may be considered.’’. 21 SEC. 5. SEVERABILITY. 22 If any provision of this Act, or any amendment made 23 by this Act, or the application of such provision to any 24 person, entity, government, or circumstance, is held to be 25 unconstitutional, the remainder of this Act, or any amend- 26 VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8404.IH H8404 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8404 IH ment made thereby, or the application of such provision 1 to all other persons, entities, governments, or cir- 2 cumstances, shall not be affected thereby. 3 Æ VerDate Sep 11 2014 23:22 Jul 18, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H8404.IH H8404 kjohnson on DSK79L0C42PROD with BILLS

H. R. 8404 One Hundred Seventeenth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty-two An Act To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Respect for Marriage Act’’. SEC. 2. 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: ‘‘§ 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. H. R. 8404—2 ‘‘(b) ENFORCEMENT BY ATTORNEY GENERAL.—The Attorney Gen- eral 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: ‘‘§ 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) In this section, the term ‘State’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other terri- tory 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. 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 min- istries, 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. 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, H. R. 8404—3 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 mar- riages between more than 2 individuals. SEC. 8. 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, govern- ments, or circumstances, shall not be affected thereby. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.