HR 8404 117th Congress House Civil Rights and Liberties, Minority Issues Civil actions and liability Due process and equal protection Family relationships Marriage and family status Racial and ethnic relations Sex, gender, sexual orientation discrimination

Respect for Marriage Act

Introduced: July 18, 2022 Introduced by: Nadler, Jerrold Democratic · New York See on congress.gov

Everywhere this bill has been 42 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Dec 13, 2022

Became Public Law No: 117-228.

Dec 13, 2022

Signed by President.

Dec 9, 2022

Presented to President.

Dec 8, 2022

Mr. Cicilline moved to table the motion to reconsider the vote

Dec 8, 2022

Perlmutter moved to reconsider the vote on agreeing to the Senate amendment to H.R. 8404.

Dec 8, 2022

Motion to reconsider laid on the table. Objection heard.

Dec 8, 2022

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)

Dec 8, 2022

The previous question was ordered pursuant to the rule.

Dec 8, 2022

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.

Dec 8, 2022

Pursuant to the provisions of H.Res. 1510, Mr. Nadler moved that the House agree to the Senate amendment. (consideration: CR H8827-8839)

Dec 8, 2022

Motion to reconsider laid on the table Agreed to without objection.

Dec 8, 2022

On motion to table the motion to reconsider the vote Agreed to by the Yeas and Nays: 224 - 164 (Roll no. 514).

Nov 30, 2022

Message on Senate action sent to the House.

Nov 29, 2022

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)

Nov 29, 2022

Passed/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)

Nov 29, 2022

Cloture motion on the measure withdrawn by unanimous consent in Senate. (CR S6844)

Nov 29, 2022

Considered by Senate. (consideration: CR S6831-6846)

Nov 28, 2022

Considered by Senate. (consideration: CR S6809, S6817)

Nov 28, 2022

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.

Nov 17, 2022

Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 53 - 23. Record Vote Number: 357.

Nov 17, 2022

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.

Nov 17, 2022

Cloture motion on the measure presented in Senate. (CR S6772)

Nov 17, 2022

Motion to proceed to measure considered in Senate. (CR S6770)

Nov 17, 2022

Measure laid before Senate by motion.

Nov 16, 2022

Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 62 - 37. Record Vote Number: 356.

Nov 16, 2022

Motion to proceed to measure considered in Senate. (CR S6715-6725)

Nov 14, 2022

Motion to proceed to consideration of measure made in Senate. (CR S6642)

Nov 14, 2022

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S6642)

Jul 21, 2022

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 449.

Jul 20, 2022

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Jul 19, 2022

Rule H. Res. 1232 passed House.

Jul 19, 2022

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 267 - 157 (Roll no. 373).(text: CR H6719)

Jul 19, 2022

Considered under the provisions of rule H. Res. 1232. (consideration: CR H6719-6728)

Jul 19, 2022

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.

Jul 19, 2022

The previous question was ordered pursuant to the rule.

Jul 19, 2022

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.

Jul 19, 2022

DEBATE - The House proceeded with one hour of debate on H.R. 8404.

Jul 19, 2022

Motion to reconsider laid on the table Agreed to without objection.

Jul 19, 2022

Considered as unfinished business. (consideration: CR H6859)

Jul 19, 2022

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.

Jul 18, 2022

Introduced in House

Jul 18, 2022

Referred to the House Committee on the Judiciary.

Votes taken on this bill 6

Date	Chamber	What was voted on	Result	Yes–No
Dec 8, 2022	House · vote #514	Table Motion to Reconsider	Passed	224–164	See who voted →
Dec 8, 2022	House · vote #513	On Motion to Concur in the Senate Amendment	Passed	258–169	See who voted →
Nov 29, 2022	Senate · vote #362	On Passage of the Bill H.R. 8404	Passed	61–36	See who voted →
Nov 17, 2022	Senate · vote #357	On the Motion to Proceed H.R. 8404	Agreed To	53–23	See who voted →
Nov 16, 2022	Senate · vote #356	On the Cloture Motion H.R. 8404	Agreed To	62–37	See who voted →
Jul 19, 2022	House · vote #373	On Passage	Passed	267–157	See who voted →

Amendments to this bill 20

Amendments propose changes to this bill. Members vote on amendments separately before the final bill vote. An agreed amendment becomes part of the bill; a failed amendment does not.

1 agreed to 3 failed 16 pending / other

Amendment	Sponsor	Purpose	Status	Latest action
SAMDT 6,496	Lankford, James	To improve the bill.	Failed	Nov 29, 2022
SAMDT 6,493	—	To eliminate a private right of action.	Failed	Nov 29, 2022
SAMDT 6,489	Schumer, Charles E.	To add an effective date.	Withdrawn	Nov 29, 2022
SAMDT 6,488	Schumer, Charles E.	To add an effective date.	Withdrawn	Nov 29, 2022
SAMDT 6,487	Baldwin, Tammy	In the nature of a substitute.	Agreed to	Nov 29, 2022
SAMDT 6,482	Lee, Mike	To improve the bill.	Failed	Nov 29, 2022
SAMDT 6,492	Schumer, Charles E.	To add an effective date.	Fell	Nov 28, 2022
SAMDT 6,491	Schumer, Charles E.	To add an effective date.	Fell	Nov 28, 2022
SAMDT 6,490	Schumer, Charles E.	To add an effective date.	Fell	Nov 28, 2022
SAMDT 6,501	Cruz, Ted	—	Pending	—
SAMDT 6,500	Cruz, Ted	—	Pending	—
SAMDT 6,499	Cruz, Ted	—	Pending	—
SAMDT 6,498	Cassidy, Bill	—	Pending	—
SAMDT 6,497	Cotton, Tom	—	Pending	—
SAMDT 6,495	Lankford, James	—	Pending	—
SAMDT 6,494	Lankford, James	—	Pending	—
SAMDT 6,486	Lankford, James	—	Pending	—
SAMDT 6,483	—	—	Pending	—
SAMDT 6,481	Cassidy, Bill	—	Pending	—
SAMDT 6,480	Baldwin, Tammy	—	Pending	—

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Plain-English summary Congressional Research Service

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.

What's happening now December 13, 2022

Became Public Law No: 117-228.

Related & companion bills 2

Bill text 8 versions

Engrossed Amendment Senate Formatted Text PDF Formatted XML
Engrossed Amendment Senate Formatted Text PDF Formatted XML
Engrossed in House Formatted Text PDF Formatted XML
Enrolled Bill Formatted Text PDF Formatted XML
Introduced in House Formatted Text PDF Formatted XML
Placed on Calendar Senate Formatted Text PDF Formatted XML
Placed on Calendar Senate Formatted Text PDF Formatted XML
Public Law Formatted Text PDF United States Legislative Markup

Source documents hosted by congress.gov.

Committees of jurisdiction 1

Judiciary Committee
House of Representatives

Cosponsors 189

Bonamici, Suzanne

Oregon · Jul 19, 2022

Cherfilus-McCormick, Sheila

Florida · Jul 19, 2022

DeLauro, Rosa L.

Connecticut · Jul 19, 2022

Florida · Jul 19, 2022

Lamb, Conor

· Jul 19, 2022

Levin, Mike

California · Jul 19, 2022

Massachusetts · Jul 19, 2022

Neal, Richard E.

Massachusetts · Jul 19, 2022

California · Jul 19, 2022

Peters, Scott H.

California · Jul 19, 2022

Pennsylvania · Jul 19, 2022

Schrier, Kim

Washington · Jul 19, 2022

Sherman, Brad

California · Jul 19, 2022

Sires, Albio

· Jul 19, 2022

Suozzi, Thomas R.

New York · Jul 19, 2022

Torres, Norma J.

California · Jul 19, 2022

Vargas, Juan

California · Jul 19, 2022

Wexton, Jennifer

· Jul 19, 2022

Adams, Alma S.

North Carolina · Jul 18, 2022

Aguilar, Pete

California · Jul 18, 2022

Allred, Colin

· Jul 18, 2022

Auchincloss, Jake

Massachusetts · Jul 18, 2022

Axne, Cynthia

· Jul 18, 2022

Barragán, Nanette Diaz

California · Jul 18, 2022

California · Jul 18, 2022

Beyer, Donald S.

Virginia · Jul 18, 2022

Blumenauer, Earl

· Jul 18, 2022

Blunt Rochester, Lisa

Delaware · Jul 18, 2022

Bowman, Jamaal

· Jul 18, 2022

Boyle, Brendan F.

Pennsylvania · Jul 18, 2022

Brown, Anthony

· Jul 18, 2022

Brownley, Julia

California · Jul 18, 2022

Bustos, Cheri

· Jul 18, 2022

Carbajal, Salud O.

California · Jul 18, 2022

Cárdenas, Tony

· Jul 18, 2022

Carson, André

Indiana · Jul 18, 2022

Carter, Troy A.

Louisiana · Jul 18, 2022

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APA

U.S. Congress. (2026). H.R. 8404: Respect for Marriage Act. 117th Congress. Open America. https://openamerica.io/bill/117-HR-8404/

MLA

"H.R. 8404: Respect for Marriage Act." 117th Congress, 2026, Open America, https://openamerica.io/bill/117-HR-8404/.

Bluebook (legal)

H.R. 8404, 117th Cong. (2026), https://openamerica.io/bill/117-HR-8404/.

Markdown link

[H.R. 8404: Respect for Marriage Act](https://openamerica.io/bill/117-HR-8404/)