Respect for Marriage Act
Encyclopedia
The Respect for Marriage Act, or RFMA , is a proposed bill in the United States Congress
that would repeal the Defense of Marriage Act
and allow the U.S. federal government to provide benefits to couples in a same-sex marriage
; the bill would not compel individual states to recognize same-sex marriages. It is supported by former U.S. Representative Bob Barr
, original sponsor of the Defense of Marriage Act
, and former President Bill Clinton
, who signed the Defense of Marriage Act in 1996.
customarily recognized marriages conducted legally in any state for the purpose of federal legislation. Over fears that Hawaii
would legalize same-sex marriage
through a pending lawsuit at the time (which did not occur), Congress
swiftly passed the Defense of Marriage Act
, which, among other things, carves out an exception forbidding the federal government from recognizing valid state same-sex marriages.
a) repeals section 1738C of title 28 of the United States Code
b) amends Section 7 of title 1 in the United States Code to read:
of New York on September 15, 2009, and garnered 120 cosponsors.
of New York on March 16, 2011, and a U.S. Senate version was introduced by Dianne Feinstein
of California on the same day. President Obama
announced his support for the bill on July 19, 2011.
of Florida became the 125th cosponsor of the bill in the U.S. House of Representatives and the first Republican member of the U.S. Congress to announce support for the bill.
of Vermont chaired the first-ever congressional hearing on a proposal to repeal the Defense of Marriage Act
(DOMA). On October 25, 2011, Sen. Leahy announced that the Senate Judiciary Committee would begin debate on November 3, 2011, with a committee vote likely to happen the following week. On November 3, 2011, the bill was debated in the Senate Judiciary Committee, where its passage was a foregone conclusion due to sufficient votes to pass being found in the 10 Democratic members of the committee, who are cosponsors of the bill; however, Republicans on the Committee requested the vote be delayed one week. During the debate Sen. Feinstein noted that DOMA denies same-sex couples more than 1,100 federal rights and benefits that are provided to all other members of that class, legally married couples, including rights to Social Security spousal benefits, protection from estate taxes when a spouse passes away, and the ability to file taxes jointly and claim certain deductions. The Senate Judiciary Committee voted 10-8 in favor of advancing the bill to the Senate floor, where it would require 60 votes in order to end a potential fillibuster.
: Full text of the 2009 bill, via THOMAS
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
that would repeal the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
and allow the U.S. federal government to provide benefits to couples in a same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
; the bill would not compel individual states to recognize same-sex marriages. It is supported by former U.S. Representative Bob Barr
Bob Barr
Robert Laurence "Bob" Barr, Jr. is a former federal prosecutorand a former member of the United States House of Representatives. He represented Georgia's 7th congressional district as a Republican from 1995 to 2003. Barr attained national prominence as one of the leaders of the impeachment of...
, original sponsor of the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, and former President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
, who signed the Defense of Marriage Act in 1996.
Background
Until 1996, the federal government of the United StatesFederal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
customarily recognized marriages conducted legally in any state for the purpose of federal legislation. Over fears that Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
would legalize same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
through a pending lawsuit at the time (which did not occur), Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
swiftly passed the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, which, among other things, carves out an exception forbidding the federal government from recognizing valid state same-sex marriages.
Text of the bill
H.R. 3567:a) repeals section 1738C of title 28 of the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
b) amends Section 7 of title 1 in the United States Code to read:
111th Congress
The 2009 bill was introduced by U.S. Representatives Jerrold NadlerJerrold Nadler
Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood...
of New York on September 15, 2009, and garnered 120 cosponsors.
112th Congress
The 2011 bill was introduced by U.S. Representative Jerrold NadlerJerrold Nadler
Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood...
of New York on March 16, 2011, and a U.S. Senate version was introduced by Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....
of California on the same day. President Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
announced his support for the bill on July 19, 2011.
House
In September 2011, Ileana Ros-LehtinenIleana Ros-Lehtinen
Ileana Ros-Lehtinen is the U.S. Representative for , serving since 1989. She is a member of the Republican Party....
of Florida became the 125th cosponsor of the bill in the U.S. House of Representatives and the first Republican member of the U.S. Congress to announce support for the bill.
Senate
On July 20, 2011, Sen. Patrick LeahyPatrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
of Vermont chaired the first-ever congressional hearing on a proposal to repeal the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
(DOMA). On October 25, 2011, Sen. Leahy announced that the Senate Judiciary Committee would begin debate on November 3, 2011, with a committee vote likely to happen the following week. On November 3, 2011, the bill was debated in the Senate Judiciary Committee, where its passage was a foregone conclusion due to sufficient votes to pass being found in the 10 Democratic members of the committee, who are cosponsors of the bill; however, Republicans on the Committee requested the vote be delayed one week. During the debate Sen. Feinstein noted that DOMA denies same-sex couples more than 1,100 federal rights and benefits that are provided to all other members of that class, legally married couples, including rights to Social Security spousal benefits, protection from estate taxes when a spouse passes away, and the ability to file taxes jointly and claim certain deductions. The Senate Judiciary Committee voted 10-8 in favor of advancing the bill to the Senate floor, where it would require 60 votes in order to end a potential fillibuster.
Legislative history
| Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
|---|---|---|---|---|---|---|
| 112th Congress 112th United States Congress The One Hundred Twelfth United States Congress is the current meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It convened in Washington, D.C. on January 3, 2011, and will end on January... |
Respect for Marriage Act | March 16, 2011 | Sen. Dianne Feinstein Dianne Feinstein Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988.... (D-CA) |
30 | Approved by Senate Judiciary Committee United States Senate Committee on the Judiciary The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the... ; sent to Senate floor. |
|
| March 16, 2011 | Rep. Jerrold Nadler Jerrold Nadler Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood... (D-NY) |
132 | Referred to the House Judiciary Committee United States House Committee on the Judiciary The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement... |
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| 111th Congress 111th United States Congress The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of... |
Respect for Marriage Act of 2009 | September 15, 2009 | Rep. Jerrold Nadler Jerrold Nadler Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood... (D-NY) |
120 | Referred to the House Judiciary Committee United States House Committee on the Judiciary The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement... Referred to the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties. |
External links
: Full text of the 2011 bill, via THOMASTHOMAS
THOMAS is the database of United States Congress legislative information. It is operated by the Library of Congress and was launched in January 1995 at the inception of the 104th Congress...
: Full text of the 2009 bill, via THOMAS
THOMAS
THOMAS is the database of United States Congress legislative information. It is operated by the Library of Congress and was launched in January 1995 at the inception of the 104th Congress...