HR005: State Marriage Defense Act of 2016

PREAMBLE: Many states are being forcibly overruled beyond their standing laws preventing same-sex marriage. This bill will amend chapter 1, title 1, of the United States Code, with regard to the definition of ‘‘marriage’’ and ‘‘spouse’’ for Federal purposes and to ensure deference for State regulation of marriage.

BE IT ENACTED by the Senate and House of Representatives of the United States of America in Congress assembled, that:

SECTION ONE: Title: Let this bill be quoted as “State Marriage Defense Act of 2015”.

SECTION TWO: Findings: (a) Congress declares the States’ legitimate and actual public policy interests in managing domestic relations and in defining marriage for the residents of their respective States. (b) Despite striking down section 3 of the Defense of Marriage Act, the Supreme Court ruling in United States v. Windsor, did not initiate a new Federal definition of marriage that includes same sex marriage. Alternatively, United States v. Windsor explicitly instructed the Federal Government to yield to ‘‘state sovereign choices about who may be married’’ in deciding marital status for Federal purposes (c) Congress acknowledges that present actions by the Federal Government to provide benefits to definite relationships not identified as marriages by a person’s State of residence go over the Supreme Court’s ruling in United States v. Windsor. (d) Actions taken by the Federal Government to allow recognition of marital status for persons not identified as married in their State of residence undercut a State's jurisdiction to define marriage for its citizen.

SECTION THREE: To amend Section 7, title 1 of the United States Code to read: Definition of ‘marriage’ and ‘spouse’ For reasons of deciding the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, as applied with respect to individuals in a State or in any other territory or possession of the United States, the term ‘marriage’ shall not include any relationship which the State, territory, or possession does not acknowledge as a marriage, and the term ‘spouse’ shall not include an individual who is a party to a relationship that is not acknowledged as a marriage by that State, territory, or possession.’’’

SECTION FOUR: Civil Unions: (a) If a State overturns the definition of ‘marriage’ and/or ‘spouse’ in their respective location, any planned marriage in that State, that does not fulfil the definition by the given State, will be allowed to apply for a civil union in place of the marriage. (b) Any marriage already in place before this bill is enacted, will be able to withhold their 'marriage' in their respective State.

SECTION FIVE: Enactment: This bill will come into effect 90 days after being signed.

This bill was submitted by u/2adamstoon and sponsored by Representative u/trident46 of the Western State.

The debate period on this bill will last for four days.