117th Congress (2021–2023) · House bill · Sponsor: Rep. Nadler, Jerrold [D-NY-10]
This page covers HR8404 in the 117th Congress. Bill numbers start over every Congress, so HR8404 in another Congress is a different bill.
| Item | Detail |
|---|---|
| Roll-call votes | 7 |
| Chamber | House and Senate |
| Latest vote | 2022-12-08: Passed |
| Latest action | 2022-12-13: Became Public Law No: 117-228. |
| Policy area | Civil Rights and Liberties, Minority Issues |
| Official record | Congress.gov |
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.
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
Every recorded vote on this bill, newest first, with a link to the official tally. Member-by-member positions are on each member’s profile.
| Date | Chamber | Question | Result | Yea | Nay | Not voting | Record |
|---|---|---|---|---|---|---|---|
| 2022-12-08 | House | Yea-and-Nay | Passed | 151 | 119 | 30 | Official tally |
| 2022-12-08 | House | Yea-and-Nay | Passed | 175 | 124 | 1 | Official tally |
| 2022-11-29 | Senate | On Passage of the Bill H. R. 8404 | Bill Passed (61-36, 3/5 majority required) | 47 | 32 | 1 | Official tally |
| 2022-11-28 | Senate | On the Cloture Motion H. R. 8404 | Cloture Motion Agreed to (61-35, 3/5 majority required) | 47 | 31 | 2 | Official tally |
| 2022-11-17 | Senate | On the Motion to Proceed H. R. 8404 | Motion to Proceed Agreed to (53-23) | 42 | 21 | 17 | Official tally |
| 2022-11-16 | Senate | On the Cloture Motion H. R. 8404 | Cloture Motion Agreed to (62-37, 3/5 majority required) | 48 | 32 | 0 | Official tally |
| 2022-07-19 | House | Yea-and-Nay | Passed | 182 | 111 | 4 | Official tally |
HR8404 (Respect for Marriage Act) was introduced in the 117th Congress (2021–2023) by Rep. Nadler, Jerrold [D-NY-10].
On 2022-12-13: Became Public Law No: 117-228.
7 recorded votes in the 117th Congress. The most recent, on 2022-12-08, was "Yea-and-Nay": Passed.