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Respect for Marriage Act

Public Law 117-228 · H.R. 8404 · 117th Congress · began in the House

Signed by Joe Biden (D) on Dec 13, 2022 · Civil Rights and Liberties, Minority Issues

Major law

Sponsor: Rep. Jerrold Nadler (D-NY-10)

Cosponsors (189): Rep. David Cicilline,

Passage votesYeaNay

  • HouseRecorded vote: 258 yea, 169 nay258–169
  • SenateRecorded vote: 61 yea, 36 nay61–36
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

Who voted for it

Every House member of the 117th Congress on the ideology compass. Highlighted: the 258 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

258 yea169 nay5 present or did not vote

ProEstablishmentAnti
Economic left–right
More liberalMore conservative

Democrats who voted yea(219)

Republicans who voted yea(39)

Data notes

The House’s recorded vote on the final version of the law (roll call 960 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

2 bills the Library of Congress relates to this one.

  • H.Res. 1232Procedurally-relatedRelated bill

    Providing for consideration of the bill (H.R. 8294) making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2023, and…

  • S. 4556Related bill

    Respect for Marriage Act

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 42 actions.

  1. Dec 13, 2022Became lawBecame law · Became Public Law No: 117-228.
  2. Became lawBecame law · Signed by President.
  3. Dec 9, 2022FloorFloor · Presented to President.
  4. Dec 8, 2022Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
  5. Resolving differencesResolving differences · On motion to table the motion to reconsider the vote Agreed to by the Yeas and Nays: 224 - 164 (Roll no. 514).House roll call 514
  6. Resolving differencesResolving differences · Mr. Cicilline moved to table the motion to reconsider the vote
  7. Resolving differencesResolving differences · Perlmutter moved to reconsider the vote on agreeing to the Senate amendment to H.R. 8404.
  8. Resolving differencesResolving differences · On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 258 - 169, 1 Present (Roll no. 513).House roll call 513
  9. Resolving differencesResolving differences · The previous question was ordered pursuant to the rule.
  10. Resolving differencesResolving differences · Pursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment.
  11. FloorFloor · Motion to reconsider laid on the table. Objection heard.
  12. FloorFloor · 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.
  13. OtherOther · Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 258 - 169, 1 Present (Roll no. 513).House roll call 513
  14. Nov 30, 2022FloorFloor · Message on Senate action sent to the House.
  15. Nov 29, 2022FloorFloor · 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.Senate roll call 362
  16. FloorFloor · Cloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)
  17. FloorFloor · Considered by Senate.
  18. Nov 28, 2022FloorFloor · 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.
  19. FloorFloor · Considered by Senate.
  20. Nov 17, 2022FloorFloor · Cloture motion on the measure presented in Senate. (CR S6772)
  21. FloorFloor · 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.
  22. FloorFloor · Measure laid before Senate by motion.
  23. FloorFloor · Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 53 - 23. Record Vote Number: 357.Senate roll call 357
  24. FloorFloor · Motion to proceed to measure considered in Senate. (CR S6770)
  25. Nov 16, 2022FloorFloor · Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 62 - 37. Record Vote Number: 356.Senate roll call 356
  26. FloorFloor · Motion to proceed to measure considered in Senate. (CR S6715-6725)
  27. Nov 14, 2022FloorFloor · Cloture motion on the motion to proceed to the measure presented in Senate. (CR S6642)
  28. FloorFloor · Motion to proceed to consideration of measure made in Senate. (CR S6642)
  29. Jul 21, 2022CalendarCalendar · Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 449.
  30. Jul 20, 2022CalendarCalendar · Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

20 amendments offered to the bill, with the last recorded step of each.

Where each amendment ended up

  • S.Amdt. 6501SenateSen. Ted CruzR-TX· offered Nov 28, 2022No vote recorded

    Nov 28, 2022: Senate amendment submitted

    Offered, no vote recorded

  • S.Amdt. 6500SenateSen. Ted CruzR-TX· offered Nov 28, 2022No vote recorded

    Nov 28, 2022: Senate amendment submitted

    Offered, no vote recorded

  • S.Amdt. 6499SenateSen. Ted CruzR-TX· offered Nov 28, 2022No vote recorded

    Nov 28, 2022: Senate amendment submitted

    Offered, no vote recorded

  • S.Amdt. 6498SenateSen. Bill CassidyR-LA· offered Nov 28, 2022No vote recorded

    Nov 28, 2022: Senate amendment submitted

    Offered, no vote recorded

  • S.Amdt. 6497SenateSen. Tom CottonR-AR· offered Nov 28, 2022No vote recorded

    Nov 28, 2022: Senate amendment submitted

    Offered, no vote recorded

  • S.Amdt. 6496SenateSen. James LankfordR-OK· offered Nov 28, 2022Rejected

    To improve the bill.

    Nov 29, 2022: Amendment SA 6496 not agreed to in Senate by Yea-Nay Vote. 45 - 52. Record Vote Number: 360.

    Rejected

  • S.Amdt. 6495SenateSen. James LankfordR-OK· offered Nov 28, 2022No vote recorded

    Nov 28, 2022: Senate amendment submitted

    Offered, no vote recorded

  • S.Amdt. 6494SenateSen. James LankfordR-OK· offered Nov 28, 2022No vote recorded

    Nov 28, 2022: Senate amendment submitted

    Offered, no vote recorded

  • S.Amdt. 6493SenateSen. Marco RubioR-FL· offered Nov 28, 2022Rejected

    To eliminate a private right of action.

    Nov 29, 2022: Amendment SA 6493 not agreed to in Senate by Yea-Nay Vote. 45 - 52. Record Vote Number: 361.

    Rejected

  • S.Amdt. 6492SenateSen. Chuck SchumerD-NY· offered Nov 17, 2022Fell

    To add an effective date.

    Nov 28, 2022: SA 6492 fell when SA 6491 fell.

    Fell

  • S.Amdt. 6491SenateSen. Chuck SchumerD-NY· offered Nov 17, 2022Fell

    To add an effective date.

    Nov 28, 2022: SA 6491 fell when SA 6490 fell.

    Fell

  • S.Amdt. 6490SenateSen. Chuck SchumerD-NY· offered Nov 17, 2022Fell

    To add an effective date.

    Nov 28, 2022: SA 6490 (the instructions of the motion to refer) fell when cloture invoked SA 6487.

    Fell

  • S.Amdt. 6489SenateSen. Chuck SchumerD-NY· offered Nov 17, 2022Fell

    To add an effective date.

    Nov 29, 2022: SA 6489 fell when SA 6488 withdrawn.

    Fell

  • S.Amdt. 6488SenateSen. Chuck SchumerD-NY· offered Nov 17, 2022Withdrawn

    To add an effective date.

    Nov 29, 2022: Proposed amendment SA 6488 withdrawn in Senate. (consideration: CR S6844)

    Withdrawn

  • S.Amdt. 6487SenateSen. Tammy BaldwinD-WI· offered Nov 17, 2022Agreed to

    In the nature of a substitute.

    Nov 29, 2022: Amendment SA 6487 agreed to in Senate by Unanimous Consent.

    Agreed to

  • S.Amdt. 6486SenateSen. James LankfordR-OK· offered Nov 17, 2022No vote recorded

    Nov 17, 2022: Senate amendment submitted

    Offered, no vote recorded

  • S.Amdt. 6483SenateSen. Marco RubioR-FL· offered Nov 17, 2022No vote recorded

    Nov 17, 2022: Senate amendment submitted

    Offered, no vote recorded

  • S.Amdt. 6482SenateSen. Mike LeeR-UT· offered Nov 16, 2022Rejected

    To improve the bill.

    Nov 29, 2022: Amendment SA 6482 under the order of 11/28/2022, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 48 - 49. Record Vote Number: 359.

    Rejected

  • S.Amdt. 6481SenateSen. Bill CassidyR-LA· offered Nov 16, 2022No vote recorded

    Nov 16, 2022: Senate amendment submitted

    Offered, no vote recorded

  • S.Amdt. 6480SenateSen. Tammy BaldwinD-WI· offered Nov 15, 2022No vote recorded

    Nov 15, 2022: Senate amendment submitted

    Offered, no vote recorded
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.