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H.R. 3396 (104th): Defense of Marriage Act


The text of the bill below is as of May 7, 1996 (Introduced).

Summary of this bill

Source: Wikipedia

The Defense of Marriage Act (DOMA) (Pub.L. 104–199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C) was a United States federal law that, prior to being ruled unconstitutional, defined marriage for federal purposes as the union of one man and one woman, and allowed states to refuse to recognize same-sex marriages granted under the laws of other states. Until Section 3 of the Act was struck down in 2013 (United States v. Windsor), DOMA, in conjunction with other statutes, had barred same-sex married couples from being recognized as "spouses" for purposes of federal laws, effectively barring them from ...


HR 3396 IH

104th CONGRESS

2d Session

H. R. 3396

To define and protect the institution of marriage.

IN THE HOUSE OF REPRESENTATIVES

May 7, 1996

Mr. BARR of Georgia (for himself, Mr. LARGENT, Mr. SENSENBRENNER, Mrs. MYRICK, Mr. VOLKMER, Mr. SKELTON, Mr. BRYANT of Tennessee, and Mr. EMERSON) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To define and protect the institution of marriage.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Defense of Marriage Act’.

SEC. 2. POWERS RESERVED TO THE STATES.

    (a) IN GENERAL- Chapter 115 of title 28, United States Code, is amended by adding after section 1738B the following:

‘Sec. 1738C. Certain acts, records, and proceedings and the effect thereof

    ‘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.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by inserting after the item relating to section 1738B the following new item:

      ‘1738C. Certain acts, records, and proceedings and the effect thereof.’.

SEC. 3. DEFINITION OF MARRIAGE.

    (a) IN GENERAL- Chapter 1 of title 1, United States Code, is amended by adding at the end the following:

‘Sec. 7. Definition of ‘marriage’ and ‘spouse’

    ‘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.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 6 the following new item:

      ‘7. Definition of ‘marriage’ and ‘spouse’.’.