Respect for Marriage Act

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

“(a) Definition—In this section, the term State has the meaning given the term in section 7 of title 1.

“(b) Prohibition—No person acting under color of law of a State 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, gender, 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 such other State on the basis of the sex, gender, race, ethnicity, or national origin of those individuals.

“(c) Enforcement by attorney general—The Attorney General may bring a civil action in the appropriate district court of the United States against any person who violates subsection (b) for declaratory and injunctive relief.

“(d) Private right of action—Any person who is harmed by a violation of subsection (b) may bring a civil action in the appropriate district court of the United States against the person who violated such subsection for declaratory and injunctive relief.”

“7. Marriage

“(a) Definition—In this section, the term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, any other territory or possession of the United States, or an Indian Tribe.

“(b) Marriage—For the purposes of any Federal law in which marital status is a factor, an individual shall be considered married if—

“(1) the marriage of the individual is valid in the State where the marriage was entered into; or

“(2) in the case of a marriage entered into outside any State, the marriage—

“(A) is valid in the place where entered into; and

“(B) could have been entered into in a State.”