Introduction
Marriage laws in the United States are almost exclusively governed by state law. There are however, federal statutes which rely on marital status to determine federal rights and benefits, so the definition of marriage is important to federal law. In addition, the U.S. Constitution's Supremacy Clause ensures that the U.S. Supreme Court can review the constitutionality of laws relating to marriage.
Federal Defense of Marriage Act (1996)
Section 1.
In determining 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, the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife. Pub. L. 104-199, sec 1, 100 Stat. 2419 (Sep. 21, 1996) codified at 1 U.S.C. '7 (1997).
Section 2.
No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession or tribe, respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state, territory, possession or tribe, or a right or claim arising from such relationship. Pub. L. 104-199 sec. 2, 100 Stat. 2419 (Sep. 21, 1996) codified at 28 U.S.C. '1738C (1997).
Federal Marriage Amendment
Marriage in the United States shall consist only of the union of a man and a woman. Neither this constitution or the constitution of any state, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.
