Text of US HB 3829 (2014)

I 113TH CONGRESS 2D SESSION H. R. 3829 To amend chapter 1 of title 1, United States Code, with regard to the definition of ‘‘marriage’’ and ‘‘spouse’’ for Federal purposes and to ensure respect for State regulation of marriage. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2014 Mr. WEBER of Texas (for himself, Mr. HARRIS, Mr. RICE of South Carolina, Mr. LAMALFA, Mr. GOHMERT, Mr. HALL, Mr. CARTER, Mr. YOHO, Mr. FLORES, Mr. WOLF, Mr. LATTA, Mr. BISHOP of Utah, Mr. PITTENGER, Mr. CONAWAY, Mrs. BACHMANN, Mr. FLEMING, Mr. LANKFORD, Mr. BRIDENSTINE, Mr. JORDAN, Mr. PITTS, Mr. POMPEO, Mr. NEUGE- BAUER, Mr. CULBERSON, Ms. GRANGER, Mr. SAM JOHNSON of Texas, Mr. MARCHANT, Mr. OLSON, and Mr. WEBSTER of Florida) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 1 of title 1, United States Code, with regard to the definition of ‘‘marriage’’ and ‘‘spouse’’ for Federal purposes and to ensure respect for State regulation of marriage. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘State Marriage De- 4 fense Act of 2014’’. 5 VerDate Mar 15 2010 04:38 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 tjames on DSK6SPTVN1PROD with BILLS 2 •HR 3829 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Congress affirms the States’ legitimate and 3 proper public policy interests in regulating domestic 4 relations and in defining marriage for the residents 5 of their States. 6 (2) Despite striking down section 3 of the De- 7 fense of Marriage Act, the Supreme Court ruling in 8 United States v. Windsor did not institute a new 9 Federal definition of marriage that includes same 10 sex marriage. Instead, United States v. Windsor spe- 11 cifically required the Federal Government to defer to 12 ‘‘state sovereign choices about who may be married’’ 13 in determining marital status for Federal purposes. 14 (3) United States v. Windsor reaffirmed that 15 the ‘‘historic and essential authority to define the 16 marital relation’’ rests with the States and criticized 17 Federal actions that ‘‘put a thumb on the scales and 18 influence a state’s decision as to how to shape its 19 own marriage laws’’. 20 (4) Congress recognizes that current actions by 21 the Federal Government to afford benefits to certain 22 relationships not recognized as marriages by a per- 23 son’s State of residence go beyond the Supreme 24 Court’s ruling in United States v. Windsor. These 25 Federal actions create ‘‘two contradictory marriage 26 VerDate Mar 15 2010 04:38 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 tjames on DSK6SPTVN1PROD with BILLS 3 •HR 3829 IH regimes within the same State,’’ in direct contradic- 1 tion of United States v. Windsor. 2 (5) Actions taken by the Federal Government 3 to grant recognition of marital status for persons 4 not recognized as married in their State of domicile 5 undermine a State’s legitimate authority to define 6 marriage for its residents. 7 SEC. 3. AMENDMENT TO DEFINITION OF MARRIAGE FOR 8 FEDERAL PURPOSES. 9 Section 7 of title 1, United States Code, is amended 10 to read as follows: 11 ‘‘§ 7. Definition of ‘Marriage’ and ‘Spouse’ 12 ‘‘In determining the meaning of any Act of Congress, 13 or of any ruling, regulation, or interpretation of the var- 14 ious administrative bureaus and agencies of the United 15 States, as applied with respect to individuals domiciled in 16 a State or in any other territory or possession of the 17 United States the term ‘marriage’ shall not include any 18 relationship which that State, territory, or possession does 19 not recognize as a marriage, and the term ‘spouse’ shall 20 not include an individual who is a party to a relationship 21 that is not recognized as a marriage by that State, terri- 22 tory, or possession.’’. 23 Æ VerDate Mar 15 2010 04:38 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3829.IH H3829 tjames on DSK6SPTVN1PROD with BILLS