Text of US SB 4556 (2022)

II 117TH CONGRESS 2D SESSION S. 4556 To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 19, 2022 Mrs. FEINSTEIN (for herself, Ms. BALDWIN, and Ms. COLLINS) introduced the following bill; which was read twice and 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. FULL FAITH AND CREDIT GIVEN TO MARRIAGE 6 EQUALITY. 7 Chapter 115 of title 28, United States Code, is 8 amended by striking section 1738C and inserting the fol- 9 lowing: 10 VerDate Sep 11 2014 05:48 Jul 20, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4556.IS S4556 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 4556 IS ‘‘§ 1738C. Certain acts, records, and proceedings and 1 the effect thereof 2 ‘‘(a) DEFINITION.—In this section, the term ‘State’ 3 has the meaning given the term in section 7 of title 1. 4 ‘‘(b) PROHIBITION.—No person acting under color of 5 law of a State may deny— 6 ‘‘(1) full faith and credit to any public act, 7 record, or judicial proceeding of any other State per- 8 taining to a marriage between 2 individuals, on the 9 basis of the sex, gender, race, ethnicity, or national 10 origin of those individuals; or 11 ‘‘(2) a right or claim arising from such a mar- 12 riage on the basis that such marriage would not be 13 recognized under the law of such other State on the 14 basis of the sex, gender, race, ethnicity, or national 15 origin of those individuals. 16 ‘‘(c) ENFORCEMENT BY ATTORNEY GENERAL.—The 17 Attorney General may bring a civil action in the appro- 18 priate district court of the United States against any per- 19 son who violates subsection (b) for declaratory and injunc- 20 tive relief. 21 ‘‘(d) PRIVATE RIGHT OF ACTION.—Any person who 22 is harmed by a violation of subsection (b) may bring a 23 civil action in the appropriate district court of the United 24 States against the person who violated such subsection for 25 declaratory and injunctive relief.’’. 26 VerDate Sep 11 2014 05:48 Jul 20, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4556.IS S4556 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 4556 IS SEC. 3. MARRIAGE RECOGNITION. 1 Section 7 of title 1, United States Code, is amended 2 to read as follows: 3 ‘‘§ 7. Marriage 4 ‘‘(a) DEFINITION.—In this section, the term ‘State’ 5 means a State, the District of Columbia, the Common- 6 wealth of Puerto Rico, any other territory or possession 7 of the United States, or an Indian Tribe. 8 ‘‘(b) MARRIAGE.—For the purposes of any Federal 9 law in which marital status is a factor, an individual shall 10 be considered married if— 11 ‘‘(1) the marriage of the individual is valid in 12 the State where the marriage was entered into; or 13 ‘‘(2) in the case of a marriage entered into out- 14 side any State, the marriage— 15 ‘‘(A) is valid in the place where entered 16 into; and 17 ‘‘(B) could have been entered into in a 18 State.’’. 19 SEC. 4. SEVERABILITY. 20 If any provision of this Act, an amendment made by 21 this Act, or the application of such provision or amend- 22 ment to any person, entity, government, or circumstance, 23 is held to be unconstitutional, the remainder of this Act, 24 any amendment made thereby, or the application of such 25 VerDate Sep 11 2014 05:48 Jul 20, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4556.IS S4556 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 4556 IS provision or amendment to all other persons, entities, gov- 1 ernments, or circumstances, shall not be affected thereby. 2 Æ VerDate Sep 11 2014 05:48 Jul 20, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S4556.IS S4556 pbinns on DSKJLVW7X2PROD with $$_JOB