[Congressional Record Volume 168, Number 178 (Thursday, November 17, 2022)]
[Senate]
[Pages S6770-S6772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        RESPECT FOR MARRIAGE ACT

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 8404) to repeal the Defense of Marriage Act 
     and ensure respect for State regulation of marriage, and for 
     other purposes.


                           Amendment No. 6487

  Mr. SCHUMER. Mr. President, I call up amendment No. 6487.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] for Ms. Baldwin 
     proposes an amendment numbered 6487 to H.R. 8404.

  The amendment is as follows:

                (Purpose: In the nature of a substitute)

        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.

[[Page S6771]]

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       Section 1738C of title 28, United States Code, is repealed.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

  Mr. SCHUMER. Mr. President, I ask to dispense with further reading of 
the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SCHUMER. Mr. President, I ask for the yeas and nays.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays are ordered.


                Amendment No. 6488 to Amendment No. 6487

  Mr. SCHUMER. Mr. President, I have an amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] proposes an 
     amendment numbered 6488 to amendment No. 6487.

  The amendment is as follows:

                  (Purpose: To add an effective date)

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.

  Mr. SCHUMER. Mr. President, I ask to dispense with further reading of 
the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 6489 to Amendment No. 6488

  Mr. SCHUMER. Mr. President, I have a second-degree amendment at the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] proposes an 
     amendment numbered 6489 to amendment No. 6488.

  The amendment is as follows:

                  (Purpose: To add an effective date)

       At the end add the following:

     SEC. EFFECTIVE DATE.

       On page 1, line 3, strike ``1 day'' and insert ``2 days''.

  Mr. SCHUMER. Mr. President, I ask to dispense with further reading of 
the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SCHUMER. Mr. President, I ask for the yeas and nays.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays are ordered.


                Motion to Refer with Amendment No. 6490

  Mr. SCHUMER. Mr. President, I move to refer H.R. 8404 to the 
Committee on Judiciary, with instructions to report back forthwith with 
an amendment.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] moves to refer the 
     bill (H.R. 8404) to the Committee on the Judiciary with 
     instructions to report back forthwith with an amendment 
     numbered 6490.

  The amendment is as follows:

                  (Purpose: To add an effective date)

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 5 days after 
     the date of the enactment of this Act.

  Mr. SCHUMER. Mr. President, I ask to dispense with further reading.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SCHUMER. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays are ordered.


                           Amendment No. 6491

  Mr. SCHUMER. Mr. President, I have an amendment to the instructions 
at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] proposes an 
     amendment numbered 6491 to the instructions of the motion to 
     refer.

  The amendment is as follows:

                  (Purpose: To add an effective date)

       At the end add the following:

[[Page S6772]]

  


     SEC. EFFECTIVE DATE.

       On page 1, line 3, strike ``5 days'' and insert ``6 days''.

  Mr. SCHUMER. Mr. President, I ask to dispense with further reading of 
the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SCHUMER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays are ordered.


                Amendment No. 6492 to Amendment No. 6491

  Mr. SCHUMER. Mr. President, I have a second-degree amendment at the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer] proposes an 
     amendment numbered 6492 to amendment No. 6491.

  The amendment is as follows:

                  (Purpose: To add an effective date)

       At the end add the following:

     SEC. EFFECTIVE DATE.

       On page 1, line 3, strike ``6 days'' and insert ``7 days''.

  Mr. SCHUMER. Mr. President, I ask to dispense with further reading of 
the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Cloture Motion

  Mr. SCHUMER. Mr. President, I send a cloture motion to the substitute 
amendment to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The senior assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the Baldwin 
     substitute amendment No. 6487 to Calendar No. 449, H.R. 8404, 
     a bill to repeal the Defense of Marriage Act and ensure 
     respect for State regulation of marriage, and for other 
     purposes.
         Charles E. Schumer, Richard J. Durbin, Tammy Baldwin, 
           Kyrsten Sinema, John W. Hickenlooper, Tina Smith, 
           Sheldon Whitehouse, Benjamin L. Cardin, Maria Cantwell, 
           Amy Klobuchar, Jon Ossoff, Mark Kelly, Jacky Rosen, 
           Cory A. Booker, Brian Schatz, Mazie K. Hirono, Angus S. 
           King, Jr., Thomas R. Carper, Sherrod Brown, Tim Kaine.


                             Cloture Motion

  Mr. SCHUMER. I send a cloture motion to the bill to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The senior assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on Calendar No. 
     449, H.R. 8404, a bill to repeal the Defense of Marriage Act 
     and ensure respect for State regulation of marriage, and for 
     other purposes.
         Charles E. Schumer, Richard J. Durbin, Tammy Baldwin, 
           Kyrsten Sinema, John W. Hickenlooper, Tina Smith, 
           Sheldon Whitehouse, Benjamin L. Cardin, Maria Cantwell, 
           Amy Klobuchar, Jon Ossoff, Mark Kelly, Jacky Rosen, 
           Cory A. Booker, Brian Schatz, Mazie K. Hirono, Angus S. 
           King, Jr., Thomas R. Carper, Sherrod Brown, Tim Kaine.

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