Rep. Maloney Votes to Enshrine Marriage Equality Under Federal Law

Dec 8, 2022
Press Release

Washington, D.C. – Today, amid extreme MAGA Republicans’ continued threats to our personal freedoms, Rep. Maloney voted to send the Respect for Marriage Act to President Biden’s desk.  This landmark legislation takes several key steps to defend marriage equality: officially repealing the bigoted and unconstitutional “Defense of Marriage Act” (DOMA), upholding couples’ right to equal protection under federal law, and requiring states to recognize valid out-of-state marriages.

 

“Today, I proudly voted to ensure the federal government never stands in the way of marrying the person you love,” said Rep. Maloney.  “I introduced the first domestic partnership legislation in New York State history when I served on the New York City Council in 1986. I was one of 67 House members in 1996 to vote against the bigoted Defense of Marriage Act (DOMA). I dedicate my vote today to my friend and trailblazer, Edith Windsor. The landmark court decision to recognize her marriage will now be forever enshrined in federal law. I am thrilled we are finally taking DOMA off the books to protect the rights of millions of Americans. I call on the Senate to swiftly pass this legislation to protect marriage equality once and for all.”

 

The full bill text can be found here.

 

Background:

The Supreme Court effectively rendered the Defense of Marriage Act of 1996 inert with its landmark decisions in United States v. Windsor (2013) and Obergefell v. Hodges (2015), holding that marriage equality was a constitutional right. This unconstitutional and discriminatory law, however, still officially remains on the books. Therefore, this bill would repeal this statute once and for all.

 

The Respect for Marriage Act will:

  • Enshrine Marriage Equality for Federal Law Purposes: The bill requires, for federal law purposes, that an individual be considered married if the marriage was valid in the state where it was performed. This gives same-sex and interracial couples additional security that they will continue to enjoy equal treatment under federal law as all other married couples – as the Constitution requires.
  • Repeals the Discriminatory Defense of Marriage Act.
  • Provides additional legal protections from individuals seeking to undermine marriage equality while acting under color of state law.
  • Prohibits any person acting under color of state law from denying full faith and credit to an out-of-state marriage based on the sex, race, ethnicity, or national origin of the individuals in the marriage.
  • Provides the U.S. Attorney General with the authority to pursue enforcement actions and creates a private right of action for any individual harmed by a violation of this provision.

 

Congresswoman Maloney is a strong supporter of lesbian, gay, bisexual, transgender, queer, and intersex rights (LGBTQI+) rights. In Congress, she is a member of the LGBTQ+ Equality Caucus and has been a longtime supporter of anti-discrimination legislation, including the Equality Act, the Employment Non-Discrimination Act, and the Student Non-Discrimination Act. Under her leadership as Chairwoman of the House Oversight and Reform Committee, the committee passed the LGBTQI+ Data Inclusion Act in June 2022, which was followed by passage by the full House. In 1986, then-City Council Member Maloney introduced the first domestic partnership legislation in New York State history. Congresswoman Maloney has also authored and introduced legislation to expand the landmark Family and Medical Leave Act to include same-sex couples.

 

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