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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State Marriage De5 fense Act of 2014’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Congress affirms the States’ legitimate and 

4 proper public policy interests in regulating domestic 

5 relations and in defining marriage for the residents 

6 of their States. 

7 (2) Despite striking down section 3 of the De8 fense of Marriage Act, the Supreme Court ruling in 

9 United States v. Windsor, 133 S. Ct. 2675 (2013) 

10 did not institute a new Federal definition of mar11 riage that includes same sex marriage. Instead, 

12 United States v. Windsor specifically required the 

13 Federal Government to defer to ‘‘state sovereign 

14 choices about who may be married’’ in determining 

15 marital status for Federal purposes. 

16 (3) United States v. Windsor reaffirmed that 

17 the ‘‘historic and essential authority to define the 

18 marital relation’’ rests with the States and criticized 

19 Federal actions that ‘‘put a thumb on the scales and 

20 influence a state’s decision as to how to shape its 

21 own marriage laws’’. 

22 (4) Congress recognizes that current actions by 

23 the Federal Government to afford benefits to certain 

24 relationships not recognized as marriages by a per25 son’s State of residence go beyond the Supreme 

26 Court’s ruling in United States v. Windsor. These 


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1 Federal actions create ‘‘two contradictory marriage 

2 regimes within the same State,’’ in direct contradic3 tion of United States v. Windsor. 

4 (5) Actions taken by the Federal Government 

5 to grant recognition of marital status for persons 

6 not recognized as married in their State of domicile 

7 undermine a State’s legitimate authority to define 

8 marriage for its residents. 

9 SEC. 3. AMENDMENT TO DEFINITION OF MARRIAGE FOR 

10 FEDERAL PURPOSES. 

11 Section 7 of title 1, United States Code, is amended 

12 to read as follows: 

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

14 ‘‘For purposes of determining the meaning of any Act 

15 of Congress, or of any ruling, regulation, or interpretation 

16 of the various administrative bureaus and agencies of the 

17 United States, as applied with respect to individuals domi18 ciled in a State or in any other territory or possession of 

19 the United States, the term ‘marriage’ shall not include 

20 any relationship which that State, territory, or possession 

21 does not recognize as a marriage, and the term ‘spouse’ 

22 shall not include an individual who is a party to a relation23 ship that is not recognized as a marriage by that State, 

24 territory, or possession.’’. 


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, 

spect for State regulation of marriage. ‘‘spouse’’ for Federal purposes and to ensure rewith regard to the definition of ‘‘marriage’’ and 

FEBRUARY 24, 2014 

Read the second time and placed on the calendar 


emcdonald on DSK67QTVN1PROD with BILLS