Pub.L. 104-2 To amend section 61h-6 of title 2, United States Code. <> ...

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[[Page 110 STAT. 2419]]

Public Law 104-199
104th Congress

                                 An Act


 
 To define and protect the institution of marriage. <<NOTE:  Sept. 21, 
                         1996 -  [H.R. 3396]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Defense of 
Marriage Act.>> 

SECTION 1. <<NOTE: 1 USC 1 note.>> 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.''.

[[Page 110 STAT. 2420]]

    (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'.''.

    Approved September 21, 1996.

LEGISLATIVE HISTORY--H.R. 3396:
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HOUSE REPORTS: No. 104-664 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            July 11, 12, considered and passed House.
            Sept. 10, considered and passed Senate.

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