United States Federal Law

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).

DOMA analysis

GAO report on the Benefits of Marriage - (January 1997)

GAO Report on the Benefits of Marriage - (Updated January 2004)

 

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.

Information and analysis

Supreme Court Marriage Cases

Although state law generally governs marriages, there have been some important U.S. Supreme Court decisions relating to marriage in the last fifty years.[1] The most famous is Loving v. Virginia [2], in which the Court struck down Virginia's anti-miscegenation statute. In Loving, the Court held that the U.S. Constitution provides a fundamental right to marry that cannot be restricted because of the race of the man or woman being married. The contours of this right to marry were further established in Zablocki v. Redhail [3], where the Court struck down a Wisconsin law that required noncustodial parents who had child support obligations to obtain court permission before marrying. Then in 1987, the Court struck down a Missouri regulation that prevented prisoners from marrying without the prison superintendent's permission and which restricted that permission to "compelling" circumstances.[4] Thus, the Supreme Court has placed important limits on what states can do in their regulation of marriage.

Professor Lynn D. Wardle has noted that U.S. Supreme Court opinions regarding marriage have established the following principles:

* The rational for recognizing a right to marry is that it is "deeply rooted in the history and traditions of our people."

* The right to marry is constitutionally protected because it is a natural right.

* The right to marry is impoortant because it is essential to the "ordered liberty of our society."

* The right to marry is fundamental because it is associated with the traditional family.

* The right to marry is linked to "responsible procreation and child-rearing."

* The right to marry is a part of the right of privacy.

* The government has "the authority and the duty to regulate marriage."

* The regulation of marriage is primarily a legislative responsibility.

* The Supreme Court has shown "substantial deference to state lawmakers."

* The Constitution sets limits on restrictions of the right to marry.

* The standard of review for laws regulating marriage is different than strict scrutiny.[5]

For further information on these cases, see Professor Wardle's article, Loving v. Virginia and the Constitutional Right to Marry, 1790-1990 in the Howard Law Journal, volume 41, page 289.

For more information on the legal issues surrounding the same-sex "marriage" debate, refer to the articles listed in the Bibliography <Bibliogr.htm> .

Notes

1. For more information on constitutional cases involving marriage, see Laurence C. Nolan, Equality and Marriage, from Loving to Zablocki 41 HOWARD L.J. 245 (1998); Margaret F. Brinig , The Supreme Court's Impact on Marriage, 1967-90 41 HOWARD L.J. 271 (1998); Lynn D. Wardle, Loving v. Virginia and the Constitutional Right to Marry, 1790-1990 41 HOWARD L.J. 289 (1998). back

2. 388 U.S. 1 (1967). back

3. 434 U.S. 374 (1978). back

4. Turner v. Safley, 482 U.S. 78 (1987). back

5. Lynn D. Wardle, Loving v. Virginia and the Constitutional Right to Marry, 1790-1990 41 HOWARD L.J. 289 at 336-342 (1998). back