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28 U.S.C. § 1738C — Certain acts, records, and proceedings and the effect thereof

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section7&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-28/section-1738c-certain-acts-records-and-proceedings-and-the-effect-thereof--8b274793f3.md
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Source location: Title 28, Chapter 115, § 1738C; chapter-115-evidence-documentary.md

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Federal law — U.S. Code and appendices · legal_authorities

1 U.S.C. § 7 — Marriage

**(a)** For the purposes of any Federal law, rule, or regulation in which marital status is a factor, an individual shall be considered married if that individual’s marriage is between 2 individuals and is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is between 2 individuals and is valid in the place where entered into and the marriage could have been entered into in a State. **(b)** In this section, the term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. **(c)** For purposes of subsection (a), in determining whether a marriage is valid in a State or the place where entered into, if outside of any State, only the law of the jurisdiction applicable at the time the marriage was entered into may be considered.

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Federal law — U.S. Code and appendices · legal_authorities

1 U.S.C. § 1 — Words denoting number, gender, and so forth

In determining the meaning of any Act of Congress, unless the context indicates otherwise—

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1738C — Certain acts, records, and proceedings

Page 453 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1739 ‘‘(A) encourage noncustodial parents to relocate outside the States where their children and the cus- todial parents reside to avoid the jurisdiction of the courts of such States, resulting in an increase in the amount of interstate travel and communication required to establish and collect on child support orders and a burden on custodial parents that is ex- pensive, time consuming, and disruptive of occupa- tions and commercial activity; ‘‘(B) contribute to the pressing problem of rel- atively low levels of child support payments in interstate cases and to inequities in child support payments levels that are based solely on the non- custodial parent’s choice of residence; ‘‘(C) encourage a disregard of court orders result- ing in massive arrearages nationwide; ‘‘(D) allow noncustodial parents to avoid the pay- ment of regularly scheduled child support payments for extensive periods of time, resulting in substan- tial hardship for the children for whom support is due and for their custodians; and ‘‘(E) lead to the excessive relitigation of cases and to the establishment of conflicting orders by the courts of various jurisdictions, resulting in con- fusion, waste of judicial resources, disrespect for the courts, and a diminution of public confidence in the rule of law; and ‘‘(4) among the results of the conditions described in this subsection are— ‘‘(A) the failure of the courts of the States to give full faith and credit to the judicial proceedings of the other States; ‘‘(B) the deprivation of rights of liberty and prop- erty without due process of law; ‘‘(C) burdens on commerce among the States; and ‘‘(D) harm to the welfare of children and their parents and other custodians. ‘‘(b) STA

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