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136 STAT. 2305 PUBLIC LAW 117–228—DEC. 13, 2022

Public Law 117–228

117th Congress

An Act

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 Representatives of

the United States of America in Congress assembled,

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Section 1738C of title 28, United States Code, is repealed.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:

‘‘§ 1738C. Certain acts, records, and proceedings and the

effect thereof

‘‘(a) I

ENERAL

.—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.

28 USC 1738C.

1 USC 7 note.

Respect for

Marriage Act.

1 USC 1 note.

Dec. 13, 2022

[H.R. 8404]

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136 STAT. 2306 PUBLIC LAW 117–228—DEC. 13, 2022

‘‘(b) E

NFORCEMENT BY

TTORNEY

ENERAL

.—The Attorney Gen-

eral 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) P

RIVATE

IGHT OF

CTION

.—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) S

TATE

EFINED

.—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:

‘‘§ 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 terri-

tory 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) I

ENERAL

.—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) G

OODS OR

ERVICES

.—Consistent with the First Amendment

to the Constitution, nonprofit religious organizations, including

churches, mosques, synagogues, temples, nondenominational min-

istries, 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) N

MPACT ON

TATUS AND

ENEFITS

RISING

ROM

ARRIAGE

.—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,

1 USC 7 note.

Definition.

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136 STAT. 2307 PUBLIC LAW 117–228—DEC. 13, 2022

LEGISLATIVE HISTORY—H.R. 8404:

CONGRESSIONAL RECORD, Vol. 168 (2022):

July 19, considered and passed House.

Nov. 17, 28, 29, considered and passed Senate, amended.

Dec. 8, House concurred in Senate amendment.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):

Dec. 13, Presidential remarks.

educational funding, or a grant, contract, agreement, guarantee,

loan, scholarship, license, certification, accreditation, claim, or

defense.

(b) N

EDERAL

ECOGNITION OF

OLYGAMOUS

ARRIAGES

.—

Nothing in this Act, or any amendment made by this Act, shall

be construed to require or authorize Federal recognition of mar-

riages 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, govern-

ments, or circumstances, shall not be affected thereby.

Approved December 13, 2022.

1 USC 7 note.

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