HR-8404 : Became Public Law

Respect for Marriage Act

This bill provides statutory authority for same-sex and interracial marriages.

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.

Action Timeline

Action DateTypeTextSource
2022-12-13PresidentBecame Public Law No: 117-228.Library of Congress
2022-12-13PresidentSigned by President.Library of Congress
2022-12-09FloorPresented to President.House floor actions
2022-12-08ResolvingDifferencesMotion to reconsider laid on the table Agreed to without objection.House floor actions
2022-12-08VoteOn motion to table the motion to reconsider the vote Agreed to by the Yeas and Nays: 224 - 164 (Roll no. 514).House floor actions
2022-12-08ResolvingDifferencesMr. Cicilline moved to table the motion to reconsider the voteHouse floor actions
2022-12-08ResolvingDifferencesPerlmutter moved to reconsider the vote on agreeing to the Senate amendment to H.R. 8404.House floor actions
2022-12-08FloorMotion to reconsider laid on the table. Objection heard.House floor actions
2022-12-08VoteOn 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)House floor actions
2022-12-08ResolvingDifferencesThe previous question was ordered pursuant to the rule.House floor actions
2022-12-08FloorPursuant 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.House floor actions
2022-12-08ResolvingDifferencesPursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)House floor actions
2022-11-30FloorMessage on Senate action sent to the House.Senate
2022-11-29VotePassed 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)Senate
2022-11-29FloorCloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)Senate
2022-11-29FloorConsidered by Senate. (consideration: CR S6831-6846)Senate
2022-11-28FloorMotion 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.Senate
2022-11-28FloorConsidered by Senate. (consideration: CR S6809, S6817)Senate
2022-11-17FloorCloture motion on the measure presented in Senate. (CR S6772)Senate
2022-11-17FloorMotion 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.Senate
2022-11-17FloorMeasure laid before Senate by motion.Senate
2022-11-17VoteMotion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 53 - 23. Record Vote Number: 357.Senate
2022-11-17FloorMotion to proceed to measure considered in Senate. (CR S6770)Senate
2022-11-16VoteCloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 62 - 37. Record Vote Number: 356.Senate
2022-11-16FloorMotion to proceed to measure considered in Senate. (CR S6715-6725)Senate
2022-11-14FloorCloture motion on the motion to proceed to the measure presented in Senate. (CR S6642)Senate
2022-11-14FloorMotion to proceed to consideration of measure made in Senate. (CR S6642)Senate
2022-07-21CalendarsRead the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 449.Senate
2022-07-20CalendarsReceived in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.Senate
2022-07-19FloorMotion to reconsider laid on the table Agreed to without objection.House floor actions
2022-07-19VoteOn passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373). (text: CR H6719)House floor actions
2022-07-19FloorConsidered as unfinished business. (consideration: CR H6859)House floor actions
2022-07-19FloorPOSTPONED 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.House floor actions
2022-07-19FloorThe previous question was ordered pursuant to the rule.House floor actions
2022-07-19FloorDEBATE - The House proceeded with one hour of debate on H.R. 8404.House floor actions
2022-07-19FloorRule 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.House floor actions
2022-07-19FloorConsidered under the provisions of rule H. Res. 1232. (consideration: CR H6719-6728)House floor actions
2022-07-19FloorRule H. Res. 1232 passed House.House floor actions
2022-07-19FloorRules 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.House floor actions
2022-07-18IntroReferralReferred to the House Committee on the Judiciary.House floor actions
2022-07-18IntroReferralIntroduced in HouseLibrary of Congress

Sponsor :

Rep. Nadler, Jerrold [D-NY-10]
See Cosponsors

Policy Area :

Civil Rights and Liberties, Minority Issues
See Subjects
  • Civil actions and liability
  • Due process and equal protection
  • Family relationships
  • Marriage and family status
  • Racial and ethnic relations
  • Sex, gender, sexual orientation discrimination

Related Bills

See Related Bills