PUBLIC LAW 117–228—DEC. 13, 2022
136 STAT. 2305
Public Law 117–228 117th Congress
An Act To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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.
- (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- Section 1738C of title 28, United States Code, is repealed.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:
‘‘§ 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.
