117 S4556 IS: Respect for Marriage Act U.S. Senate 2022-07-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4556IN THE SENATE OF THE UNITED STATESJuly 19, 2022Mrs. Feinstein (for herself, Ms. Baldwin, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo 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.

Full faith and credit given to marriage equality

Chapter 115 of title 28, United States Code, is amended by striking section 1738C and inserting the following:

1738C.

Certain acts, records, and proceedings and the effect thereof

(a)

Definition

In this section, the term State has the meaning given the term in section 7 of title 1.(b)

Prohibition

No person acting under color of law of a State 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, gender, 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 such other State on the basis of the sex, gender, race, ethnicity, or national origin of those individuals.(c)

Enforcement by attorney general

The Attorney General may bring a civil action in the appropriate district court of the United States against any person who violates subsection (b) for declaratory and injunctive relief.(d)

Private right of action

Any person who is harmed by a violation of subsection (b) may bring a civil action in the appropriate district court of the United States against the person who violated such subsection for declaratory and injunctive relief.

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3.

Marriage recognition

Section 7 of title 1, United States Code, is amended to read as follows:

7.

Marriage

(a)

Definition

In this section, the term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, any other territory or possession of the United States, or an Indian Tribe. (b)

Marriage

For the purposes of any Federal law in which marital status is a factor, an individual shall be considered married if—(1)the marriage of the individual is valid in the State where the marriage was entered into; or(2)in the case of a marriage entered into outside any State, the marriage—(A)is valid in the place where entered into; and(B)could have been entered into in a State.

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4.

Severability

If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, any amendment made thereby, or the application of such provision or amendment to all other persons, entities, governments, or circumstances, shall not be affected thereby.