H.R. 8404 · 117th Congress

Respect for Marriage Act

Introduced on Jul 18, 2022 by Jerrold Nadler (D-NY-10). 189 cosponsors, all from the sponsor's party. Became Public Law 117-228.

Stage
Became law
Public Law 117-228
Introduced
Jul 18, 2022
Cosponsors
189
0 from the other party
Policy area
Civil Rights and Liberties, Minority Issues
Open in the Congress explorerCongress.govAlert me

Progress

The furthest stage the measure reached. Simple and concurrent resolutions do not go to the President.

  1. Introduced
  2. Reported by committee
  3. Passed one chamber
  4. Passed both chambers
  5. Sent to the President
  6. Became law

Official title

To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.

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

Summary

By the Congressional Research Service (Public Law, Dec 13, 2022). Public domain.

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.

Sponsor and cosponsors

Cosponsors by party as of the day they signed on. Original cosponsors signed on the day of introduction.

Jerrold NadlerD-NY-10Sponsor

Democrats · 189

Roll calls

Recorded votes on the measure. Most measures move by voice vote or unanimous consent, which record no individual positions.

  1. On Passage
    Jul 19, 2022· House· Passage· Passed 267–157
  2. On the Cloture Motion
    Nov 16, 2022· Senate· Cloture· Cloture Motion Agreed to 62–37
  3. On the Motion to Proceed
    Nov 17, 2022· Senate· Procedural· Motion to Proceed Agreed to 53–23
  4. On the Cloture Motion
    Nov 28, 2022· Senate· Cloture· Cloture Motion Agreed to 61–35
  5. On the Amendment
    Nov 29, 2022· Senate· Amendments· Amendment Rejected 48–49
  6. On the Amendment
    Nov 29, 2022· Senate· Amendments· Amendment Rejected 45–52
  7. On the Amendment
    Nov 29, 2022· Senate· Amendments· Amendment Rejected 45–52
  8. On Passage of the Bill
    Nov 29, 2022· Senate· Passage· Bill Passed 61–36
  9. On Motion to Concur in the Senate Amendment
    Dec 8, 2022· House· Passage· Passed 258–169
  10. Table Motion to Reconsider
    Dec 8, 2022· House· Procedural· Passed 224–164

History

Every action as published, oldest first. Roll calls link to how each member voted.

  1. Jul 18, 2022Introduced in House
  2. Jul 18, 2022Introduced in House
  3. Jul 18, 2022 · HouseReferred to the House Committee on the Judiciary.
  4. Jul 19, 2022 · HouseRules 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.
  5. Jul 19, 2022 · HouseRule H. Res. 1232 passed House.
  6. Jul 19, 2022 · HouseConsidered under the provisions of rule H. Res. 1232. (consideration: CR H6719-6728)
  7. Jul 19, 2022 · HouseRule 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.
  8. Jul 19, 2022 · HouseDEBATE - The House proceeded with one hour of debate on H.R. 8404.
  9. Jul 19, 2022 · HouseThe previous question was ordered pursuant to the rule.
  10. Jul 19, 2022 · HousePOSTPONED 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.
  11. Jul 19, 2022 · HouseConsidered as unfinished business. (consideration: CR H6859)
  12. Jul 19, 2022Passed/agreed to in House: On passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373).(text: CR H6719)House · Roll call 373
  13. Jul 19, 2022 · HouseOn passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373). (text: CR H6719)House · Roll call 373
  14. Jul 19, 2022 · HouseMotion to reconsider laid on the table Agreed to without objection.
  15. Jul 20, 2022 · SenateReceived in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  16. Jul 21, 2022 · SenateRead the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 449.
  17. Nov 14, 2022 · SenateMotion to proceed to consideration of measure made in Senate. (CR S6642)
  18. Nov 14, 2022 · SenateCloture motion on the motion to proceed to the measure presented in Senate. (CR S6642)
  19. Nov 16, 2022 · SenateMotion to proceed to measure considered in Senate. (CR S6715-6725)
  20. Nov 16, 2022 · SenateCloture 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
  21. Nov 17, 2022 · SenateMotion to proceed to measure considered in Senate. (CR S6770)
  22. Nov 17, 2022 · SenateMotion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 53 - 23. Record Vote Number: 357.Senate · Roll call 357
  23. Nov 17, 2022 · SenateMeasure laid before Senate by motion.
  24. Nov 17, 2022 · SenateMotion 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.
  25. Nov 17, 2022 · SenateCloture motion on the measure presented in Senate. (CR S6772)
  26. Nov 28, 2022 · SenateConsidered by Senate. (consideration: CR S6809, S6817)
  27. Nov 28, 2022 · SenateMotion 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.
  28. Nov 29, 2022 · SenateConsidered by Senate. (consideration: CR S6831-6846)
  29. Nov 29, 2022 · SenateCloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)
  30. Nov 29, 2022Passed/agreed to 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)Senate · Roll call 362
  31. Nov 29, 2022 · SenatePassed 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 · Roll call 362
  32. Nov 30, 2022 · SenateMessage on Senate action sent to the House.
  33. Dec 8, 2022 · HousePursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)
  34. Dec 8, 2022 · HousePursuant 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.
  35. Dec 8, 2022 · HouseThe previous question was ordered pursuant to the rule.
  36. Dec 8, 2022Resolving 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).(text of amendment in the nature of a substitute: CR H8827)House · Roll call 513
  37. Dec 8, 2022 · HouseOn 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 · Roll call 513
  38. Dec 8, 2022 · HouseMotion to reconsider laid on the table. Objection heard.
  39. Dec 8, 2022 · HousePerlmutter moved to reconsider the vote on agreeing to the Senate amendment to H.R. 8404.
  40. Dec 8, 2022 · HouseMr. Cicilline moved to table the motion to reconsider the vote
  41. Dec 8, 2022 · HouseOn 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
  42. Dec 8, 2022 · HouseMotion to reconsider laid on the table Agreed to without objection.
  43. Dec 9, 2022Presented to President.
  44. Dec 9, 2022 · HousePresented to President.
  45. Dec 13, 2022Signed by President.
  46. Dec 13, 2022Signed by President.
  47. Dec 13, 2022Became Public Law No: 117-228.
  48. Dec 13, 2022Became Public Law No: 117-228.

Committees

Committees and subcommittees the measure was referred to.

Agencies in its committees' jurisdiction

Analisa's mapping of committee jurisdiction to federal agencies; the bill may touch others, or none of these.

Sources and method

Every figure on this page traces to these records.

  • Bill status: bills and resolutions, sponsors, actions, subjects and CRS summaries (U.S. Government Publishing Office (GovInfo), from Congress.gov (Library of Congress))GovInfo Bill Status bulk data (Congress.gov; summaries by the Congressional Research Service) · data current to Oct 6, 2026 · loaded Oct 6, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Members of Congress, their terms, committees and identifiers (The @unitedstates project (from the Biographical Directory of the U.S. Congress, the House and the Senate))unitedstates/congress-legislators: legislators, committees and current committee membership · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: CC0 1.0 (public domain dedication)
  • House roll-call votes (Office of the Clerk, U.S. House of Representatives)Office of the Clerk, U.S. House of Representatives, roll-call vote records · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Senate roll-call votes and DW-NOMINATE scores (Voteview (UCLA Department of Political Science))Lewis, Jeffrey B., Keith Poole, Howard Rosenthal, Adam Boche, Aaron Rudkin, and Luke Sonnet (2026). Voteview: Congressional Roll-Call Votes Database. https://voteview.com/ · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Free to use with the required citation
  • Lobbying disclosures (LD-1 registrations, LD-2 quarterly reports, LD-203 contribution reports) (Clerk of the U.S. House of Representatives)Clerk of the House, Lobbying Disclosure Act filings (organizations only; lobbyists' names are not loaded) · data current to Oct 6, 2026 · loaded Oct 6, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Positions are shown only where a roll call recorded them; voice votes and unanimous consent record none.