[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1740 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1740

           To define and protect the institution of marriage.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 1996

 Mr. Nickles (for himself and Mr. Dole) introduced the following bill; 
  which was read twice and 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'.''.
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