Respect for Marriage Act This act provides statutory authority for same-sex and interracial marriages. Specifically, the act 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 between two individuals that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.) The act 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 act allows the Department of Justice to bring a civil action and establishes a private right of action for violations. The act does not (1) affect religious liberties or conscience protections that are available under the Constitution or federal law, (2) require religious organizations to provide goods or services to formally recognize or celebrate a marriage, (3) affect any benefits or rights that do not arise from a marriage, or (4) recognize under federal law any marriage between more than two individuals.
Rules 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.
Rule H. Res. 1232 passed House.
Considered under the provisions of rule H. Res. 1232. (consideration: CR H6719-6728)
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.
DEBATE - The House proceeded with one hour of debate on H.R. 8404.
The previous question was ordered pursuant to the rule.
POSTPONED 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.
Considered as unfinished business. (consideration: CR H6859)
On passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373). (text: CR H6719)
Motion 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.
Measure laid before Senate by motion.
Cloture motion on the measure presented in Senate. (CR S6772)
Motion to proceed to measure considered in Senate. (CR S6770)
Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 53 - 23. Record Vote Number: 357.
Considered by Senate. (consideration: CR S6809, S6817)
Motion 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.
Passed 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)
Cloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)
Considered by Senate. (consideration: CR S6831-6846)
Message on Senate action sent to the House.
Pursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)
Pursuant 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.
The previous question was ordered pursuant to the rule.
On 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)
Rules 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.
Rule H. Res. 1232 passed House.
Considered under the provisions of rule H. Res. 1232. (consideration: CR H6719-6728)
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.
DEBATE - The House proceeded with one hour of debate on H.R. 8404.
The previous question was ordered pursuant to the rule.
POSTPONED 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.
Considered as unfinished business. (consideration: CR H6859)
On passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373). (text: CR H6719)
Motion 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.
Measure laid before Senate by motion.
Cloture motion on the measure presented in Senate. (CR S6772)
Motion to proceed to measure considered in Senate. (CR S6770)
Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 53 - 23. Record Vote Number: 357.
Considered by Senate. (consideration: CR S6809, S6817)
Motion 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.
Passed 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)
Cloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)
Considered by Senate. (consideration: CR S6831-6846)
Message on Senate action sent to the House.
Pursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)
Pursuant 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.
The previous question was ordered pursuant to the rule.
On 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)
Civil actions and liabilityDue process and equal protectionFamily relationshipsMarriage and family statusRacial and ethnic relationsSex, gender, sexual orientation discrimination
Respect for Marriage Act
USA117th CongressHR-8404| House
| Updated: 12/13/2022
Respect for Marriage Act This act provides statutory authority for same-sex and interracial marriages. Specifically, the act 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 between two individuals that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.) The act 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 act allows the Department of Justice to bring a civil action and establishes a private right of action for violations. The act does not (1) affect religious liberties or conscience protections that are available under the Constitution or federal law, (2) require religious organizations to provide goods or services to formally recognize or celebrate a marriage, (3) affect any benefits or rights that do not arise from a marriage, or (4) recognize under federal law any marriage between more than two individuals.
Rules 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.
Rule H. Res. 1232 passed House.
Considered under the provisions of rule H. Res. 1232. (consideration: CR H6719-6728)
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.
DEBATE - The House proceeded with one hour of debate on H.R. 8404.
The previous question was ordered pursuant to the rule.
POSTPONED 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.
Considered as unfinished business. (consideration: CR H6859)
On passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373). (text: CR H6719)
Motion 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.
Measure laid before Senate by motion.
Cloture motion on the measure presented in Senate. (CR S6772)
Motion to proceed to measure considered in Senate. (CR S6770)
Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 53 - 23. Record Vote Number: 357.
Considered by Senate. (consideration: CR S6809, S6817)
Motion 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.
Passed 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)
Cloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)
Considered by Senate. (consideration: CR S6831-6846)
Message on Senate action sent to the House.
Pursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)
Pursuant 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.
The previous question was ordered pursuant to the rule.
On 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)
Rules 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.
Rule H. Res. 1232 passed House.
Considered under the provisions of rule H. Res. 1232. (consideration: CR H6719-6728)
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.
DEBATE - The House proceeded with one hour of debate on H.R. 8404.
The previous question was ordered pursuant to the rule.
POSTPONED 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.
Considered as unfinished business. (consideration: CR H6859)
On passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373). (text: CR H6719)
Motion 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.
Measure laid before Senate by motion.
Cloture motion on the measure presented in Senate. (CR S6772)
Motion to proceed to measure considered in Senate. (CR S6770)
Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 53 - 23. Record Vote Number: 357.
Considered by Senate. (consideration: CR S6809, S6817)
Motion 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.
Passed 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)
Cloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)
Considered by Senate. (consideration: CR S6831-6846)
Message on Senate action sent to the House.
Pursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)
Pursuant 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.
The previous question was ordered pursuant to the rule.
On 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)
Civil actions and liabilityDue process and equal protectionFamily relationshipsMarriage and family statusRacial and ethnic relationsSex, gender, sexual orientation discrimination