§ 1738C. Certain acts, records, and proceedings and the effect thereof

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2022

   Respect for Marriage Act

   Pub. L. 117–228 § 4 · 136 Stat. 2305

   Enacted · 28 U.S.C. § 1738C

   (Added Pub. L. 117–228, § 4, Dec. 13, 2022, 136 Stat. 2305.)

   Source evidence

   Code source credit
   (Added Pub. L. 117–228, § 4, Dec. 13, 2022, 136 Stat. 2305.)

   Enacted provision · exact public law section
   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.” .

1 of 1 references resolved to an enrolled provision