H.R. 8404House117th Congress (2021-2023)Enacted

Respect for Marriage Act

Introduced July 18, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:39 PM UTC

The Respect for Marriage Act repeals the Defense of Marriage Act and requires states to honor marriages performed in other states, regardless of the couple’s sex, race, ethnicity, or national origin. It defines marriage for federal purposes as a union between two individuals that is valid where performed. The law also protects religious organizations from being forced to provide marriage‑related services and bars federal recognition of polygamous marriages.

Key Provisions

  • Repeals the portion of the Defense of Marriage Act that defined marriage for federal purposes (Section 1738C of Title 28).
  • Requires states to give full faith and credit to any other state’s marriage between two individuals, without discrimination based on sex, race, ethnicity, or national origin; violations can be sued by the Attorney General or private parties.
  • Defines for federal law that a person is married if the marriage is between two individuals and is valid in the state or jurisdiction where it was entered into.
  • Protects nonprofit religious organizations from being required to provide facilities, services, or other support for marriage ceremonies; refusals do not create civil liability.
  • States that the act does not affect any benefits, status, or rights that do not arise from a marriage and does not require federal recognition of polygamous marriages.
  • Includes a severability clause so that if any part is found unconstitutional, the rest of the act remains in effect.

Legislative Activity

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42 earlier actions
Became Law Latest Action

Became Public Law No: 117-228.

December 13, 2022

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HouseIntro Referral

Introduced in House

July 18, 2022

HouseIntro Referral

Referred to the House Committee on the Judiciary.

July 18, 2022

HouseFloor

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.

July 19, 2022 • 9:48 AM

HouseFloor

Rule H. Res. 1232 passed House.

July 19, 2022 • 12:10 PM

HouseFloor

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

July 19, 2022 • 12:11 PM

HouseFloor

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.

July 19, 2022 • 12:11 PM

HouseFloor

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

July 19, 2022 • 12:12 PM

HouseFloor

The previous question was ordered pursuant to the rule.

July 19, 2022 • 1:24 PM

HouseFloor

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.

July 19, 2022 • 1:24 PM

HouseFloor

Considered as unfinished business. (consideration: CR H6859)

July 19, 2022 • 5:48 PM

HouseFloor

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

July 19, 2022 • 5:56 PM

HouseFloor

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

July 19, 2022 • 5:56 PM

HouseFloor

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

July 19, 2022 • 5:56 PM

SenateCalendars

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

July 20, 2022

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 449.

July 21, 2022

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S6642)

November 14, 2022

SenateFloor

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

November 14, 2022

SenateFloor

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

November 16, 2022

SenateFloor

Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 62 - 37. Record Vote Number: 356.

November 16, 2022

SenateFloor

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

November 17, 2022

SenateFloor

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

November 17, 2022

SenateFloor

Measure laid before Senate by motion.

November 17, 2022

SenateFloor

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.

November 17, 2022

SenateFloor

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

November 17, 2022

SenateFloor

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

November 28, 2022

SenateFloor

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.

November 28, 2022

SenateFloor

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

November 29, 2022

SenateFloor

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

November 29, 2022

SenateFloor

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)

November 29, 2022

SenateFloor

Message on Senate action sent to the House.

November 30, 2022

HouseResolving Differences

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

December 8, 2022 • 9:18 AM

HouseFloor

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.

December 8, 2022 • 9:18 AM

HouseResolving Differences

The previous question was ordered pursuant to the rule.

December 8, 2022 • 10:27 AM

HouseNot Used

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)

December 8, 2022

HouseResolving Differences

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)

December 8, 2022 • 11:15 AM

HouseFloor

Motion to reconsider laid on the table. Objection heard.

December 8, 2022 • 11:15 AM

HouseResolving Differences

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

December 8, 2022 • 11:16 AM

HouseResolving Differences

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

December 8, 2022 • 11:16 AM

HouseResolving Differences

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

December 8, 2022 • 11:43 AM

HouseResolving Differences

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

December 8, 2022 • 11:43 AM

President

Presented to President.

December 9, 2022

Became Law

Signed by President.

December 13, 2022

Became Law

Became Public Law No: 117-228.

December 13, 2022

Floor Debate

19 members

What members said about H.R. 8404 on the floor

11 Republicans8 Democrats
Rob Portman
Sen. Rob PortmanR-OH · Nov 29, 2022

Madam President, I come to the floor today in support of the Respect for Marriage Act. I want to summarize my remarks, though, and ask unanimous consent that my full remarks be printed in today's…

James M. Inhofe
Sen. James M. InhofeR-OK · Nov 16, 2022

Mr. President, I ask unanimous consent that I be recognized for as much time as I shall consume. Mr. President, as I reflect on my 28 years serving in the U.S. Senate, I am reminded of the lessons I…

Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Jul 19, 2022

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1232 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Mike Lee
Sen. Mike LeeR-UT · Nov 29, 2022

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I call up my amendment No. 6482, and ask that it be reported by number. Madam President,…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Nov 28, 2022

I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I hope my colleagues had a good time with their families over Thanksgiving. I sure did. The flu intervened in…

Show 8 more
James Lankford
Sen. James LankfordR-OK · Nov 16, 2022

Mr. President, as the junior Senator from Oklahoma, I can't tell you what an honor it has been to be able to serve with my senior Senator. Jim Inhofe has for decades served our State. He has been…

Mike Johnson
Rep. Mike JohnsonR-LA-4 · Jul 19, 2022

Mr. Speaker, I thank my good friend, a champion for freedom from Ohio (Mr. Jordan). There is a lot to talk about here today, but I have to comment on what he just led in with and this violence that…

Guy Reschenthaler
Rep. Guy ReschenthalerR-PA-14 · Jul 19, 2022

Madam Speaker, I thank the distinguished gentlewoman from my home State of Pennsylvania for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Madam Speaker, the…

Rob Portman
Sen. Rob PortmanR-OH · Nov 16, 2022

Madam President, I have come to the floor today to talk about legislation that is going to come before this Chamber this afternoon called the Respect for Marriage Act. I hope the Senate will consider…

John Cornyn
Sen. John CornynR-TX · Nov 28, 2022

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, as the Senate knows, this week, we will be voting on a bill called the Respect for Marriage…

Tammy Baldwin
Sen. Tammy BaldwinD-WI · Nov 16, 2022

Mr. President, I want to begin by thanking and recognizing the House Judiciary chairman, Jerry Nadler, and the entire House Equality Caucus for introducing the House bill and starting up this effort.…

Chris Van Hollen
Sen. Chris Van HollenD-MD · Nov 28, 2022

As the majority leader said, I rise to honor the stellar public service of Joan Kleinman, a senior member of my office team, who retired in February after 19 years of working on behalf of the people…

James Lankford
Sen. James LankfordR-OK · Nov 29, 2022

Madam President, on behalf of Senator Rubio, I call up amendment No. 6493 and ask that it be reported by number. I would like to also call up amendment No. 6496 and ask that it also be reported by…

Show 11 more
Tommy Tuberville
Sen. Tommy TubervilleR-AL · Nov 17, 2022

Madam President, I would like to echo the words of our Senator from South Dakota about Veterans Day. We weren't here. In my State of Alabama, we have 400,000 veterans who have served our country and…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Nov 16, 2022

Madam President, my office recently received a message from a woman named Amanda. She lives in Illinois and the Chicagoland area. She tells me that she and her wife Cally will be celebrating their…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Nov 28, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, for the past 2 years, the COVID pandemic dominated every news cycle, and if the mainstream media…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Nov 16, 2022

Madam President, I rise today for my 286th ``Time to Wake Up'' speech, in this case to report back from the United Nations' 27th Conference of the Parties, or COP, the annual meeting where the…

Kyrsten Sinema
Sen. Kyrsten SinemaD-AZ · Nov 16, 2022

Madam President, I rise today as our country takes an important step forward to protect the rights and freedoms of all Americans. Together with broad bipartisan support, the Senate will provide…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jul 19, 2022

Mr. Speaker, pursuant to House Resolution 1232, I call up the bill (H.R. 8404) to repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes, and…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Nov 16, 2022

Madam President, I rise today to express my strong support for the Respect for Marriage Act, a bipartisan bill that Senator Baldwin and I have introduced with our colleagues Senator Feinstein,…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Nov 14, 2022

Mr. President, I couldn't agree more with the words of my colleague from Ohio, Senator Sherrod Brown. It is unbelievable how long it took to do basic justice for our veterans serving us in some of…

Jim Jordan
Rep. Jim JordanR-OH-4 · Jul 19, 2022

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, we thought the Democrats were obsessed with President Trump, but Justice Thomas is a close second. This bill is simply the latest…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Nov 16, 2022

Madam President, I have spoken repeatedly about the many ways my Democratic colleagues' crusade for power has been disastrous for the American people. We have recordbreaking inflation, a chaotic…

Rob Portman
Sen. Rob PortmanR-OH · Jul 20, 2022

Mr. President, I come to the Senate floor today to correct the record, really. Some of my colleagues in the Chamber voted yesterday to begin consideration of this chips package that we have talked…

Bill Text

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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

H. R. 8404

AN ACT

To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.

1.

Short title

This Act may be cited as the Respect for Marriage Act.

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.

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.

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.

(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.

.

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 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.

.

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 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.

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, 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.

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, governments, or circumstances, shall not be affected thereby.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.