**This legislation will establish federal protections for marriage equality across the United States**
Washington, D.C. — Today, Congresswoman Annie Kuster (NH-02) voted in favor of the Respect for Marriage Act, legislation that would enshrine marriage equality for same-sex and interracial couples guaranteed by Obergefell v. Hodges and Loving v. Virginia under federal law, repeal the Defense of Marriage Act (DOMA), and provide additional legal protections for marriage equality.
“We cannot leave our most fundamental freedoms up to chance,” said Rep. Kuster. “Today, I was proud to support this legislation to ensure strong federal protections for marriage equality, regardless of whether the Supreme Court overturns the precedent of Obergefell v. Hodges. It is past time we enshrine the right of every American to marry who they love, and I urge the Senate to take immediate action to get this legislation over the finish line.”
Specifically, this legislation:
Enshrines 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: The Supreme Court effectively rendered the Defense of Marriage Act of 1996 inert with its landmark decisions in United States v. Windsor and Obergefell, 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.
Provides 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. The bill also 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.
