[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8404 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
November 29, 2022.
Resolved, That the bill from the House of Representatives (H.R.
8404) entitled ``An Act to repeal the Defense of Marriage Act and
ensure respect for State regulation of marriage, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
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Section 1738C of title 28, United States Code, is repealed.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:
``Sec. 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.''.
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) 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. 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. 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.
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, governments, or
circumstances, shall not be affected thereby.
Attest:
Secretary.
117th CONGRESS
2d Session
H.R. 8404
_______________________________________________________________________
AMENDMENT