United States Code

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

(a) In General.—No person acting under color of State law 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, 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 that State on the basis of the sex, race, ethnicity, or national origin of those individuals.

(b) Enforcement by Attorney General.—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.

(c) Private Right of Action.—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.

(d) State Defined.—In this section, the term "State" has the meaning given such term under section 7 of title 1.

(Added Pub. L. 117–228, §4, Dec. 13, 2022, 136 Stat. 2305.)

Editorial Notes

Prior Provisions

A prior section 1738C, added Pub. L. 104–199, §2(a), Sept. 21, 1996, 110 Stat. 2419, related to effect not required to be given to certain acts, records, and proceedings of another jurisdiction regarding marriage between persons of the same sex, prior to repeal by Pub. L. 117–228, §3, Dec. 13, 2022, 136 Stat. 2305.