28 U.S.C. § 1738C — Certain acts, records, and proceedings and the effect thereof
submitted 4 years ago by Pub. L. 117-228 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 190 words · no verdicts yet
This section bars a person acting under state law from denying full faith and credit to certain marriage-related acts, records, proceedings, rights, or claims because of the spouses’ sex, race, ethnicity, or national origin. It authorizes actions by the Attorney General and harmed people.
(a) General rule.—A person acting under color of State law may not deny (1) full faith and credit to another State’s public act, record, or judicial proceeding concerning a marriage between two people because of their sex, race, ethnicity, or national origin, or (2) a right or claim arising from that marriage because the marriage would not be recognized under that State’s law for one of those reasons.
(b) Attorney General enforcement.—The Attorney General may bring a civil action in the appropriate United States district court* against a person violating (a), seeking declaratory and injunctive relief.
(c) Private action.—A person harmed by a violation of (a) may bring such a civil action against the violator for declaratory and injunctive relief.
(d) State defined.—“State” has the meaning given in section 7 of title 1.
No person acting under color of State law may deny—
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
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.
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.
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.
In this section, the term “State” has the meaning given such term under section 7 of title 1.
Source credit: (Added Pub. L. 117–228, § 4, Dec. 13, 2022, 136 Stat. 2305.)
- 2022Enacted · Pub. L. 117-228 · 136 Stat. 2305
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-228 on 2022-12-13.
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