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Davids, Colleagues Introduce Legislation to Ensure Right to Same-Sex, Interracial Marriages

July 18, 2022

Today, Representative Sharice Davids introduced legislation to repeal the Defense of Marriage Act (DOMA), enshrining marriage equality in federal law. The Respect for Marriage Act would also provide additional legal protections for marriage equality from those seeking to undermine it at the state level. The introduction follows a concurring opinion issued by Justice Clarence Thomas in Dobbs v Jackson where the Justice stated that the Supreme Court "should reconsider" previous rulings codifying same-sex marriage protections.

"From what we've seen in last few weeks, it's clear all Americans face significant threats to our individual freedoms that go beyond making our own health care choices without the interference of politicians," said Davids. "Since being sworn into Congress, I've made it my mission to work for all Kansans no matter what party they support or who they love. I urge my colleagues to join me in protecting our basic human rights, including the right to marry."

Along with Davids, the Respect for Marriage Act is co-led by House Judiciary Committee Chairman Jerrold Nadler (NY-10); Congressional LGBTQ+ Equality Caucus Chairman David Cicilline (RI-01); Equality Caucus co-chairs Representatives Mondaire Jones (NY-17), Sean Patrick Maloney (NY-18), Mark Pocan (WI-02), Mark Takano (CA-41), Angie Craig (MN-02), Chris Pappas (NH)-01, and Ritchie Torres (NY-15); Congressional Black Caucus Chairwoman Joyce Beatty (OH-03); Congressional Hispanic Caucus Chairman Raul Ruiz (CA-36); Congressional Asian Pacific American Caucus Chairwoman Judy Chu (CA-27); and Democratic Caucus Chairman Hakeem Jeffries (NY-08).

The Respect for Marriage Act would:

  • Repeal DOMA. The Supreme Court effectively rendered DOMA inert with its landmark decisions in United States v. Windsor and Obergefell v. Hodges. This unconstitutional and discriminatory law, however, still officially remains on the books. The bill would repeal this statute once and for all.

 

  • 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, even if that state is not where the individual lives permanently. This gives same sex and interracial couples additional certainty that they will continue to enjoy equal treatment under federal law as all other married couples—as the Constitution requires.
  • Provide Additional Legal Protections from Individuals Seeking to Undermine Marriage Equality While Acting Under Color of State Law. The bill 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 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.

The Respect for Marriage Act is strongly supported by leading national organizations including: ACLU, Center for American Progress, Equality Federation, Family Equality, Freedom for All Americans, GLAD, Human Rights Campaign, Lambda Legal, National Black Justice Coalition, National Center for Lesbian Rights, National Center for Transgender Equality, National LGBTQ Task Force, National Women's Law Center, and PFLAG National.