H.R. 8404 - 117th Congress (2021-2022) - Respect for Marriage Act

Specifically, the bill 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 that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.)

The bill 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 bill allows the Department of Justice to bring a civil action and establishes a private right of action for violations.

Text (5)

Enrolled Bill

Engrossed Amendment Senate

November 29, 2022

Placed on Calendar Senate

July 21, 2022

Engrossed in House

July 19, 2022

Introduced in House

July 18, 2022

Amendments (20)

Show All Amendments

Displaying only amendments with a detailed public record (9)

Nov 29, 2022

Not Agreed to in Senate

Sponsorship

Senate Amendment 6496 to Senate Amendment 6487

To improve the bill.

Active

Nov 29, 2022

Not Agreed to in Senate

Sponsorship

Senate Amendment 6493 to Senate Amendment 6487

To eliminate a private right of action.

Active

Nov 17, 2022

Submitted in Senate

Sponsorship

Senate Amendment 6492 to Senate Amendment 6491

To add an effective date.

Submitted

Nov 17, 2022

Submitted in Senate

Sponsorship

Senate Amendment 6491 to Senate Amendment 6490

To add an effective date.

Submitted

Amendments

Nov 17, 2022

Submitted in Senate

Sponsorship

Senate Amendment 6490

To add an effective date.

Submitted

Amendments

Nov 17, 2022

Submitted in Senate

Sponsorship

Senate Amendment 6489 to Senate Amendment 6488

To add an effective date.

Submitted

Nov 17, 2022

Submitted in Senate

Sponsorship

Senate Amendment 6488 to Senate Amendment 6487

To add an effective date.

Submitted

Amendments

Nov 29, 2022

Agreed to in Senate

Sponsorship

Senate Amendment 6487

In the nature of a substitute.

Agreed To

Amendments

Nov 29, 2022

Not Agreed to in Senate

Sponsorship

Senate Amendment 6482 to Senate Amendment 6487

To improve the bill.

Active

Amendments

Actions (44)

Show Only Major Actions

12/13/2022

Became Public Law No: 117-228.

12/13/2022

Signed by President.

12/09/2022

Presented to President.

12/08/2022

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

12/08/2022

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

12/08/2022

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

12/08/2022

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

12/08/2022

Motion to reconsider laid on the table. Objection heard.

12/08/2022

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)

12/08/2022

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)

12/08/2022

The previous question was ordered pursuant to the rule.

12/08/2022

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.

12/08/2022

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

11/30/2022

Message on Senate action sent to the House.

11/29/2022

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)

11/29/2022

Passed/agreed to in Senate: 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)

11/29/2022

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

11/29/2022

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

11/28/2022

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.

11/28/2022

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

11/17/2022

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

11/17/2022

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.

11/17/2022

Measure laid before Senate by motion.

11/17/2022

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

11/17/2022

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

11/16/2022

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

11/16/2022

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

11/14/2022

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

11/14/2022

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

07/21/2022

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

07/20/2022

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

07/19/2022

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

07/19/2022

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

07/19/2022

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

07/19/2022

Considered as unfinished business. (consideration: CR H6859)

07/19/2022

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.

07/19/2022

The previous question was ordered pursuant to the rule.

07/19/2022

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

07/19/2022

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.

07/19/2022

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

07/19/2022

Rule H. Res. 1232 passed House.

07/19/2022

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.

07/18/2022

Referred to the House Committee on the Judiciary.

07/18/2022

Introduced in House

Public Record

Record Updated

Sep 5, 2023 5:28:34 PM