Maloney Votes to Enshrine Marriage Equality into Federal Law

Press Release

Today, Congresswoman Carolyn B. Maloney (D-NY), voted to pass H.R. 8404, the Respect for Marriage Act. This important legislation repeals the Defense of Marriage Act and ensures that marriage equality is protected across the country.

"Standing up for the LGBTQI+ community and ensuring equal rights has been a key priority throughout my career," said Rep. Maloney. "I introduced the first domestic partnership legislation in New York State history when I served on the New York City Council in 1986. I am proud that today, the U.S. House of Representatives passed necessary legislation to enshrine marriage equality at the federal level. This action is long overdue, and I'm glad it is finally getting the momentum needed to get across the finish line. I call on the Senate to swiftly pass this legislation to protect marriage equality once and for all."

The full bill text can be found here.

Background:

The Supreme Court effectively rendered the Defense of Marriage Act of 1996 inert with its landmark decisions in United States v. Windsor (2013) and Obergefell v. Hodges (2015), holding that marriage equality was a constitutional right. This unconstitutional and discriminatory law, however, still officially remains on the books. Therefore, this bill would repeal this statute once and for all.

The Respect for Marriage Act will:

Enshrine Marriage Equality for Federal Law Purposes: The bill requires, for federal law purposes, that an individual be considered married if the marriage was valid in the state where it was performed. This gives same-sex and interracial couples additional security that they will continue to enjoy equal treatment under federal law as all other married couples -- as the Constitution requires.
Repeals the Discriminatory Defense of Marriage Act.
Provides additional legal protections from individuals seeking to undermine marriage equality while acting under color of state law.
Prohibits any person acting under color of state law from denying full faith and credit to an out-of-state marriage based on the sex, race, ethnicity, or national origin of the individuals in the marriage.
Provides the U.S. Attorney General with the authority to pursue enforcement actions and creates a private right of action for any individual harmed by a violation of this provision.

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