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Title 28, Judiciary and Judicial ProcedureRelease 119-110

§1738C Certain Acts, Records, and Proceedings and the Effect Thereof

Title 28 › PART V — PROCEDURE › CHAPTER 115 — EVIDENCE; DOCUMENTARY › § 1738C

Last updated Sep 22, 2026|Official source

Summary

Anyone acting under State law must not refuse to recognize public acts, records, or court decisions from another State about a marriage between 2 individuals. They also must not deny any right or claim from that marriage just because of the couple’s sex, race, ethnicity, or national origin. The Attorney General can sue in the appropriate United States district court for declaratory and injunctive relief (a court declaration and an order to stop the violation). Any person harmed can also sue in the appropriate United States district court for the same relief. "State" has the meaning given in section 7 of title 1.

Full Legal Text

Title 28, §1738C

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1738C

Title 28, Judiciary and Judicial Procedure

Last Updated

Sep 22, 2026

Release point: 119-110