Release point 118-250not159 · current through 01/04/2025
Current through Public Law 118-250 (01/04/2025), except 118-159.
119-4 is not ingested; this is Title 28 as published at 118-250not159 (2025-01-04), which is the latest release point at or before it that carries this title.
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§ 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.
, 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,