Text of US SB 2024 (2014)

II Calendar No. 308 113TH CONGRESS 2D SESSION S. 2024 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 SENATE OF THE UNITED STATES FEBRUARY 12, 2014 Mr. CRUZ (for himself, Mr. LEE, Mr. VITTER, and Mr. ROBERTS) introduced the following bill; which was read the first time FEBRUARY 24, 2014 Read the second time and placed on the calendar 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 22:38 Feb 24, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2024.PCS S2024 emcdonald on DSK67QTVN1PROD with BILLS 2 •S 2024 PCS 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, 133 S. Ct. 2675 (2013) 9 did not institute a new Federal definition of mar- 10 riage that includes same sex marriage. Instead, 11 United States v. Windsor specifically required the 12 Federal Government to defer to ‘‘state sovereign 13 choices about who may be married’’ in determining 14 marital status for Federal purposes. 15 (3) United States v. Windsor reaffirmed that 16 the ‘‘historic and essential authority to define the 17 marital relation’’ rests with the States and criticized 18 Federal actions that ‘‘put a thumb on the scales and 19 influence a state’s decision as to how to shape its 20 own marriage laws’’. 21 (4) Congress recognizes that current actions by 22 the Federal Government to afford benefits to certain 23 relationships not recognized as marriages by a per- 24 son’s State of residence go beyond the Supreme 25 Court’s ruling in United States v. Windsor. These 26 VerDate Mar 15 2010 22:38 Feb 24, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2024.PCS S2024 emcdonald on DSK67QTVN1PROD with BILLS 3 •S 2024 PCS Federal actions create ‘‘two contradictory marriage 1 regimes within the same State,’’ in direct contradic- 2 tion of United States v. Windsor. 3 (5) Actions taken by the Federal Government 4 to grant recognition of marital status for persons 5 not recognized as married in their State of domicile 6 undermine a State’s legitimate authority to define 7 marriage for its residents. 8 SEC. 3. AMENDMENT TO DEFINITION OF MARRIAGE FOR 9 FEDERAL PURPOSES. 10 Section 7 of title 1, United States Code, is amended 11 to read as follows: 12 ‘‘§ 7. Definition of ‘marriage’ and ‘spouse’ 13 ‘‘For purposes of determining the meaning of any Act 14 of Congress, or of any ruling, regulation, or interpretation 15 of the various administrative bureaus and agencies of the 16 United States, as applied with respect to individuals domi- 17 ciled in a State or in any other territory or possession of 18 the United States, the term ‘marriage’ shall not include 19 any relationship which that State, territory, or possession 20 does not recognize as a marriage, and the term ‘spouse’ 21 shall not include an individual who is a party to a relation- 22 ship that is not recognized as a marriage by that State, 23 territory, or possession.’’. 24 VerDate Mar 15 2010 23:06 Feb 24, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2024.PCS S2024 emcdonald on DSK67QTVN1PROD with BILLS Calendar No. 308 113TH CONGRESS 2D SESSION S. 2024 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 re- spect for State regulation of marriage. FEBRUARY 24, 2014 Read the second time and placed on the calendar VerDate Mar 15 2010 22:38 Feb 24, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\S2024.PCS S2024 emcdonald on DSK67QTVN1PROD with BILLS