{"format":1,"id":"117-hr-8404","congress":117,"number":"H.R. 8404","kind":"bill","group":"bills","title":"Respect for Marriage Act","title_source":"Short Titles as Enacted","official_title":"To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes."},{"type":"Short Titles from ENR (Enrolled) bill text","title":"Respect for Marriage Act"},{"type":"Short Title(s) from Engrossed Amendment Senate bill text","title":"Respect for Marriage Act"},{"type":"Short Title(s) from PCS (Placed on Senate Calendar) bill text","title":"Respect for Marriage Act"},{"type":"Display Title","title":"Respect for Marriage Act"},{"type":"Short Titles as Enacted","title":"Respect for Marriage Act"},{"type":"Short Titles as Passed Senate","title":"Respect for Marriage Act"},{"type":"Short Title(s) as Passed House","title":"Respect for Marriage Act"},{"type":"Short Title(s) as Introduced","title":"Respect for Marriage Act"}],"outcome":"became_law","law_number":"Public Law 117-228","introduced":"2022-07-18","chambers":{"house":{"status":"roll_call","date":"2022-12-08","vote":{"id":"117-2022-h513","question":"On Motion to Concur in the Senate Amendment","title":"Respect for Marriage Act","result":"Passed","yea":258,"nay":169,"present":1,"not_voting":4,"source":"https://clerk.house.gov/evs/2022/roll513.xml"}},"senate":{"status":"roll_call","date":"2022-11-29","vote":{"id":"117-2022-s362","question":"On Passage of the Bill","title":"H.R. 8404, as amended","result":"Bill Passed","yea":61,"nay":36,"present":0,"not_voting":3,"source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00362.xml"}}},"president":{"status":"signed","date":"2022-12-13"},"vice_president_tie_breaker":null,"latest_action":{"text":"Became Public Law No: 117-228.","date":"2022-12-13"},"nominees":null,"amendments":[{"number":"S.Amdt. 6482","sponsor":"Sen. Lee, Mike [R-UT]","purpose":"To improve the bill.","result":"Amendment Rejected","date":"2022-11-29","yea":48,"nay":49,"present":0,"not_voting":3,"source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00359.xml"},{"number":"S.Amdt. 6496","sponsor":"Sen. Lankford, James [R-OK]","purpose":"To improve the bill.","result":"Amendment Rejected","date":"2022-11-29","yea":45,"nay":52,"present":0,"not_voting":3,"source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00360.xml"},{"number":"S.Amdt. 6493","sponsor":"Sen. Rubio, Marco [R-FL]","purpose":"To eliminate a private right of action.","result":"Amendment Rejected","date":"2022-11-29","yea":45,"nay":52,"present":0,"not_voting":3,"source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00361.xml"}],"other_votes":[{"chamber":"house","date":"2022-07-19","question":"On Passage","title":"Respect for Marriage Act","result":"Passed","yea":267,"nay":157,"present":0,"not_voting":7,"kind":"final_candidate","source":"https://clerk.house.gov/evs/2022/roll373.xml"},{"chamber":"senate","date":"2022-11-16","question":"On the Cloture Motion","title":"Motion to Invoke Cloture: Motion to Proceed to H.R. 8404","result":"Cloture Motion Agreed to","yea":62,"nay":37,"present":0,"not_voting":1,"kind":"procedural","source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00356.xml"},{"chamber":"senate","date":"2022-11-17","question":"On the Motion to Proceed","title":"Motion to Proceed to Consider H.R. 8404","result":"Motion to Proceed Agreed to","yea":53,"nay":23,"present":0,"not_voting":24,"kind":"procedural","source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00357.xml"},{"chamber":"senate","date":"2022-11-28","question":"On the Cloture Motion","title":"Motion to Invoke Cloture: Amdt. No. 6487 to H.R. 8404","result":"Cloture Motion Agreed to","yea":61,"nay":35,"present":0,"not_voting":4,"kind":"procedural","source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00358.xml"},{"chamber":"senate","date":"2022-11-29","question":"On the Amendment","title":"Lee Amdt. No. 6482","result":"Amendment Rejected","yea":48,"nay":49,"present":0,"not_voting":3,"kind":"amendment","source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00359.xml"},{"chamber":"senate","date":"2022-11-29","question":"On the Amendment","title":"Lankford Amdt. No. 6496","result":"Amendment Rejected","yea":45,"nay":52,"present":0,"not_voting":3,"kind":"amendment","source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00360.xml"},{"chamber":"senate","date":"2022-11-29","question":"On the Amendment","title":"Rubio Amdt. No. 6493","result":"Amendment Rejected","yea":45,"nay":52,"present":0,"not_voting":3,"kind":"amendment","source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00361.xml"},{"chamber":"house","date":"2022-12-08","question":"Table Motion to Reconsider","title":"Respect for Marriage Act","result":"Passed","yea":224,"nay":164,"present":0,"not_voting":44,"kind":"procedural","source":"https://clerk.house.gov/evs/2022/roll514.xml"}],"crs_summary":{"date":"2022-12-13","stage":"Public Law","blocks":[{"k":"h","t":"Respect for Marriage Act"},{"k":"p","t":"This act provides statutory authority for same-sex and interracial marriages."},{"k":"p","t":"Specifically, the act 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 between two individuals that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.)"},{"k":"p","t":"The act also 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, 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 act allows the Department of Justice to bring a civil action and establishes a private right of action for violations."},{"k":"p","t":"The act does not (1) affect religious liberties or conscience protections that are available under the Constitution or federal law, (2) require religious organizations to provide goods or services to formally recognize or celebrate a marriage, (3) affect any benefits or rights that do not arise from a marriage, or (4) recognize under federal law any marriage between more than two individuals."}],"words":240},"summary":{"main_subject":{"text":"Repeals a section of title 28, United States Code, adds a bar on denying full faith and credit to marriages between 2 individuals from other States, and rewrites the federal definition of marriage in title 1 to turn on validity under State law.","cites":[{"label":"Sec. 3","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#H03E00BBC6A82447EA5FF54FA3FEE5322:~:text=3.%20Repeal%20of%20section%20added%20to%20title"},{"label":"Sec. 4","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#H69F1B5A7975A4BA0BEC9E678B8C2356E:~:text=4.%20Full%20faith%20and%20credit%20given%20to"},{"label":"Sec. 5","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#HAE30BCBD11C248D4B96B5CB332E9D619:~:text=5.%20Marriage%20recognition"}]},"core_areas":["Federal recognition of marriages valid under State law","Full faith and credit for out-of-State marriages","Civil enforcement by the Attorney General and private persons","Religious liberty and conscience protections","Federal non-recognition of marriages between more than 2 individuals"],"what_it_does":[{"text":"Repeals section 1738C of title 28, United States Code.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#H03E00BBC6A82447EA5FF54FA3FEE5322:~:text=3.%20Repeal%20of%20section%20added%20to%20title"}},{"text":"Bars any person acting under color of State law from denying full faith and credit to another State's public act, record, or judicial proceeding about a marriage between 2 individuals on the basis of their sex, race, ethnicity, or national origin.","cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#H69F1B5A7975A4BA0BEC9E678B8C2356E:~:text=4.%20Full%20faith%20and%20credit%20given%20to"}},{"text":"Lets the Attorney General, and any person harmed by a violation, bring a civil action in United States district court for declaratory and injunctive relief.","cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#H69F1B5A7975A4BA0BEC9E678B8C2356E:~:text=4.%20Full%20faith%20and%20credit%20given%20to"}},{"text":"Amends section 7 of title 1, United States Code, so that for any federal law, rule, or regulation in which marital status is a factor, a person is considered married if the marriage is between 2 individuals and is valid where it was entered into.","cite":{"label":"Sec. 5","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#HAE30BCBD11C248D4B96B5CB332E9D619:~:text=5.%20Marriage%20recognition"}},{"text":"States that the Act does not diminish religious liberty or conscience protections, and that nonprofit religious organizations and their employees are not required to provide services or goods for solemnizing or celebrating a marriage.","cite":{"label":"Sec. 6","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#HC58CBDD47E3544E5B7DBEF1E80D9A4FD:~:text=6.%20No%20impact%20on%20religious%20liberty%20and"}},{"text":"States that nothing in the Act requires or authorizes federal recognition of marriages between more than 2 individuals.","cite":{"label":"Sec. 7","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#H7304C964AA534034AC5C45389EC886C6:~:text=7.%20Statutory%20prohibition"}}],"unexpected":[{"category":"selective_carve_out","items":[{"cite":{"label":"Sec. 6","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#HC58CBDD47E3544E5B7DBEF1E80D9A4FD:~:text=6.%20No%20impact%20on%20religious%20liberty%20and"},"heading":"No impact on religious liberty and conscience","effect":"Subsection (b) says nonprofit religious organizations and their employees are not required to provide services, facilities, goods, or privileges for the solemnization or celebration of a marriage, and a refusal creates no civil claim.","amount":null,"quote":"shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage.","added_after":true}]}],"version":{"type":"Enrolled Bill","date":null,"rule":"enrolled","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-15","approved_by":"checks"},"changes":{"first":{"chamber":"House","type":"Engrossed in House","date":"2022-07-19","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/eh"},"final":{"type":"Enrolled Bill","date":null,"href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr"},"kept":0.97,"replaced":false,"removed":[],"added":[{"cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#HF4CD9306D95549C4B3018F118BDDB75D"},"heading":"Findings","effect":"States congressional findings that marriage embodies ideals of love, fidelity, devotion, sacrifice, and family, that people hold diverse beliefs about gender in marriage, and that married couples deserve dignity, stability, and protection.","partly":null,"part":null},{"cite":{"label":"Sec. 6","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#HC58CBDD47E3544E5B7DBEF1E80D9A4FD:~:text=6.%20No%20impact%20on%20religious%20liberty%20and"},"heading":"No impact on religious liberty and conscience","effect":"Provides that the Act does not diminish religious liberty or conscience protections, and that nonprofit religious organizations and their employees need not provide services, facilities, goods, or privileges for solemnizing or celebrating a marriage, with no civil claim for refusal.","partly":null,"part":null},{"cite":{"label":"Sec. 7","href":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text/enr#H7304C964AA534034AC5C45389EC886C6:~:text=7.%20Statutory%20prohibition"},"heading":"Statutory prohibition","effect":"Provides that the Act does not deny or alter benefits, statuses, or rights that do not arise from a marriage, such as tax-exempt status or grants, and does not require or authorize Federal recognition of marriages between more than 2 individuals.","partly":null,"part":null}],"added_count":3,"approved":"2026-10-15","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/117th-congress/house-bill/8404","text":"https://www.congress.gov/bill/117th-congress/house-bill/8404/text"},"card":{"image":"card/item/117-hr-8404.png","v":"d3e0d25b620a","alt":"Votes on Record. H.R. 8404, 117th Congress: Respect for Marriage Act. House: 258 Yea, 169 Nay. Senate: 61 Yea, 36 Nay. Outcome: Became law, 13 Dec 2022."}}