SENATERoll Call 357 · Nov 18, 2022, 3:05 AMprocedural

On the Motion to Proceed H.R. 8404

H.R. 8404
53YEA23NAY
Motion to Proceed Agreed to
H.R. 8404Required: 1/2Source →
LINKED BILL
H.R. 8404Respect for Marriage Act
Civil rights and liberties, minority issuesENACTED
View bill →
CRS SUMMARY PREVIEW

This act provides statutory authority for same-sex and interracial marriages. Specifically, the act replaces provisions that define, for purposes of federal law, marriage as between a man and a woman and spouse as a person of the opposite sex with provisions that recognize any marriage between two individuals that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.) The act also replaces provisions that do not require states to recognize same-sex marriages from other states with provisions that prohibit the denial of full faith and credit or any right or claim relating to out-of-state marriages on the basis of sex, race, ethnicity, or national origin. (The Supreme Court held that state laws barring same-sex marriages were unconstitutional in Obergefell v. Hodges in 2015; the Court held that state laws barring interracial marriages were unconstitutional in Loving v. Virginia in 1967.) The act allows the Department of Justice to bring a civil action and establishes a private right of action for violations. The act does not (1) affect religious liberties or conscience protections that are available under the Constitution or federal law, (2) require religious organizations to provide goods or services to formally recognize or celebrate a marriage, (3) affect any benefits or rights that do not arise from a marriage, or (4) recognize under federal law any marriage between more than two individuals.

VOTE VISUALIZATION

D — YEA
D — NAY
R — YEA
R — NAY
NOT VOTING

PARTY BREAKDOWN

Democratic100% unity
Yea: 45Nay: 0NV: 3
Republican79% unity
Yea: 6Nay: 23NV: 21
Independent100% unity
Yea: 2Nay: 0
NOTABLE DEFECTIONS
Republican: 6 voted against party majority

ALL VOTES (100)

Group by
AK(2)
Not VotingRLisa Murkowski
Not VotingRDan Sullivan
FL(2)
Not VotingRMarco Rubio
Not VotingRRick Scott
GA(2)
IN(2)
Not VotingRMike Braun
Not VotingRTodd Young
KS(2)
Not VotingRRoger Marshall
KY(2)
Not VotingRRand Paul
LA(2)
Not VotingRBill Cassidy
NC(2)
Not VotingRRichard Burr
NE(2)
Not VotingRBen Sasse
NJ(2)
Not VotingDBob Menendez
OH(2)
Not VotingRRob Portman
OK(2)
Not VotingRJim Inhofe
SC(2)
Not VotingRLindsey Graham
SD(2)
Not VotingRJohn Thune
TN(2)
Not VotingRMarsha Blackburn
Not VotingRBill Hagerty
TX(2)
UT(2)
WI(2)
Not VotingRRon Johnson
WY(2)
Not VotingRJohn Barrasso