Religion Law Quiz #35 (Respect for Marriage Act)

The Respect for Marriage Act was enacted on December 13, 2022.  What amendments to the United States Code did the Respect for Marriage Act make and what protections for religious freedom were included in the Respect for Marriage Act?

 

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Answer: Please see the text from PL 117-228, December 13, 2022, 136 Stat 2305.  Relevant portions are included below. 

https://www.congress.gov/117/plaws/publ228/PLAW-117publ228.pdf

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.

‘‘(b) ENFORCEMENT BY ATTORNEY GENERAL.—The Attorney General may bring a civil action in the appropriate United States district court against any person who violates subsection (a) for declaratory and injunctive relief.

‘‘(c) PRIVATE RIGHT OF ACTION.—Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for declaratory and injunctive relief. ‘

‘(d) STATE DEFINED.—In this section, the term ‘State’ has the meaning given such term under section 7 of title 1.’’.

SEC. 5. MARRIAGE RECOGNITION.

Section 7 of title 1, United States Code, is amended to read as follows:

‘‘§ 7. Marriage

‘‘(a) For the purposes of any Federal law, rule, or regulation in which marital status is a factor, an individual shall be considered married if that individual’s marriage is between 2 individuals and is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is between 2 individuals and is valid in the place where entered into and the marriage could have been entered into in a State.

‘‘(b) In this section, the term ‘State’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.

‘‘(c) For purposes of subsection (a), in determining whether a marriage is valid in a State or the place where entered into, if outside of any State, only the law of the jurisdiction applicable at the time the marriage was entered into may be considered.’’

1 USC 7 note

SEC. 6. NO IMPACT ON RELIGIOUS LIBERTY AND CONSCIENCE.

(a) IN GENERAL.—Nothing in this Act, or any amendment made by this Act, shall be construed to diminish or abrogate a religious liberty or conscience protection otherwise available to an individual or organization under the Constitution of the United States or Federal law.

(b) GOODS OR SERVICES.—Consistent with the First Amendment to the Constitution, nonprofit religious organizations, including churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, religious educational institutions, and nonprofit entities whose principal purpose is the study, practice, or advancement of religion, and any employee of such an organization, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage. Any refusal under this subsection to provide such services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action

 

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For a discussion of the Respect of Marriage Act see https://en.wikipedia.org/wiki/Respect_for_Marriage_Act