117th CONGRESS
1st Session
H.R. ____
To establish gender-neutral standards in marriage and divorce proceedings nationwide, ensure equal protection under the law for all spouses and parents, and promote fairness, transparency, and accountability in family court systems.
IN THE HOUSE OF REPRESENTATIVES
[Date]
Mr./Ms. [Your Representative’s Name] introduced the following bill; which was referred to the Committee on the Judiciary.
A BILL
To promote gender equality in all aspects of marriage, divorce, child custody, alimony, and property division.
SECTION 1. SHORT TITLE
This Act may be cited as the “Equal Marriage and Divorce Rights Act of 2025.”
SEC. 2. FINDINGS AND PURPOSE
(a) Findings. Congress finds the following:
- The Equal Protection Clause of the Fourteenth Amendment guarantees that no state shall deny any person within its jurisdiction the equal protection of the laws.
- State family law statutes and court practices have historically exhibited systemic gender bias in divorce, custody, and alimony proceedings.
- Children’s welfare is best served when both parents are treated equally under the law, absent compelling evidence to the contrary.
- Uniform federal standards are necessary to correct nationwide disparities and uphold civil rights in family law.
(b) Purpose.
To require gender-neutral procedures and presumptions in state-level family law and to create enforcement mechanisms for violations of constitutional equality.
SEC. 3. GENDER-NEUTRAL FAMILY LAW STANDARDS
(a) Custody and Parental Rights.
- All custody determinations in state courts shall begin from a presumption of joint legal and physical custody, unless evidence shows this is contrary to the child’s best interest.
- No court may consider the sex or gender identity of a parent in determining custody, visitation, or parenting time.
- Courts must make findings based on neutral factors including:
- Emotional bonds, parenting history, home stability, cooperation in co-parenting, and any history of abuse or neglect.
(b) Alimony and Spousal Support.
- Alimony must be determined based solely on economic factors including income disparity, earning potential, length of marriage, and contributions to the household.
- No preference may be given based on gender or traditional marital roles.
- Alimony awards shall have time limitations except in cases involving disability or caretaking responsibilities.
(c) Marital Property Division.
- Marital assets shall be divided equitably—not necessarily equally—based on objective contributions to the marriage and financial need.
- Pre-marital property and inherited assets shall remain separate unless intentionally commingled.
SEC. 4. COURT TRANSPARENCY AND JUDICIAL BIAS MITIGATION
(a) Mandatory Family Court Transparency.
All custody and divorce rulings shall be anonymized and made publicly available in a searchable format for oversight purposes.
(b) Implicit Bias Training.
All family court judges and personnel shall complete biennial training on gender bias, civil rights, and equal protection jurisprudence.
SEC. 5. FEDERAL ENFORCEMENT AND INCENTIVES
(a) Federal Grant Eligibility.
States must certify compliance with this Act to remain eligible for federal grants related to child welfare, judicial services, or family assistance programs.
(b) Civil Rights Enforcement.
- Individuals alleging sex-based discrimination in family law proceedings may bring action under 42 U.S.C. § 1983.
- The U.S. Department of Justice, Civil Rights Division, may initiate investigations and civil enforcement actions against state court systems with patterns of gender bias.
SEC. 6. DEFINITIONS
- “Gender-neutral” means not granting any preference or presumption based on biological sex or gender identity.
- “Best interest of the child” shall follow the uniform criteria established in Section 3(a)(3).
SEC. 7. EFFECTIVE DATE
This Act shall take effect 18 months after enactment. States shall have 12 months to revise applicable statutes and procedures and submit compliance certification to the U.S. Attorney General.