Congressional Record, Volume 168 Issue 178 (Thursday, November 17, 2022)

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Section 1738C of title 28, United States Code, is repealed.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

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.

____________________