US Codex
Bill
Notes

Loving v. Virginia Codification Act of 2022

H.R. 8396 · 117th Congress · Jul 15, 2022 · Lineage

A BILL

To protect the constitutional right to marry a person of another race, and for other purposes.

Section 1 Short title

This Act may be cited as the “Loving v. Virginia Codification Act of 2022”.

Sec. 2 Findings

Congress finds the following:
(1)
In Loving v. Virginia (388 U.S. 1 (1967)), the United States Supreme Court stated “Marriage is one of the “basic civil rights of man””.
(2)
In Loving v. Virginia (388 U.S. 1 (1967)), the United States Supreme Court stated “Under the Constitution, the freedom to marry or not marry a person of another race resides with the individual and cannot be infringed by the State”.

Sec. 3 Protection of right to marry

(a)
In general— A State may not enact a law or regulation that infringes on the right to marry or not marry a person of another race.
(b)
Enforcement by Attorney General— The Attorney General may commence a civil action on behalf of the United States against any State that violates, or against any government official that implements or enforces a law or regulation that violates subsection (a). The court shall hold unlawful and set aside the law or regulation if it is in violation of subsection (a).
(c)
Private right of action— A violation of subsection (a) constitutes a deprivation of any rights, privileges, or immunities secured by the Constitution and laws for purposes of section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983), and a person injured thereby may bring an action under such section.