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house Bill H.R. 3829

Should States Have The Right To Ignore Federal Law When Defining Marriages?

Argument in favor

States should be make their own legal definitions about marital relations, as it is their historic and religious right.

John's Opinion
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06/06/2015
Make marriage a local issue, or, better yet, get the government out of the decision altogether.
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Brandon's Opinion
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04/04/2016
State rights and laws should always rank higher than federal law.
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ark4162's Opinion
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05/31/2015
Marraige is not the federal government's business
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Argument opposed

States sovereignty and freedom should be preserved — but no state should have the right to discriminate against the LGBTQ community.

Joshua's Opinion
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04/13/2015
An individual's rights should always be protected by the federal government. It is their role to be the final say in citizens rights and protections.
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Rene's Opinion
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03/07/2015
Some politicians need to re-read the Constitution - all men are created equal. As elements of the country as a whole, states do not have the right to define any citizen as lesser.
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Evercraft's Opinion
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04/29/2015
Things like the age a person can drive change from state to state, but fundamental human rights are universal.
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What is House Bill H.R. 3829?

H.R.3826 — the State Marriage Defense Act of 2014 — aims to protect State laws that regulate and define marriage from federal definitions. The bill allows States to use their own definition of “marriage” and “spouse” when applying federal law.


In a nutshell, the bill would affect same-sex couples that wed in states that allow same-sex marriage but live in states that prohibit same-sex marriage. Under H.R.3829, States do not have to recognize same-sex marriage license performed out of state.

Impact

LGBTQ couples living in states that prohibit same-sex marriage, States that ban same-sex marriage like Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Dakota, Ohio, South Dakota, Tennessee, and Texas.

Cost of House Bill H.R. 3829

A CBO cost estimate is unavailable.

More Information

Of Note:

Currently, 36 states recognize same sex marriage. H.R. 3829 was written in the wake of United States v. Windsor, the Supreme Court case that overturned the Defense of Marriage Act (DOMA). DOMA limited the federal definition of “marriage” and “spouse” to only be applied to heterosexual couples. This bill hopes to produce a similar effect.


H.R.3829 uses Windsor to corroborate the idea that states should remain sovereign when determining the definition of marriage. The first section of the bill states that Windsor did not render a federal definition of marriage, thus, states still have the right to decide.


Media:

Sponsoring Rep. Randy Weber (R-TX) Press Release


Washington Post


Open Secrets


United States Conference of Catholic Bishops (in support)


The Witherspoon Institute (in support)


(Photo Credit: Flickr user WalterPro4755)

AKA

State Marriage Defense Act of 2014

Official Title

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.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Constitution, Civil Rights, and Civil Liberties
      Committee on the Judiciary
    IntroducedJanuary 9th, 2014
    An individual's rights should always be protected by the federal government. It is their role to be the final say in citizens rights and protections.
    Like (4)
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    Some politicians need to re-read the Constitution - all men are created equal. As elements of the country as a whole, states do not have the right to define any citizen as lesser.
    Like (3)
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    Things like the age a person can drive change from state to state, but fundamental human rights are universal.
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    Make marriage a local issue, or, better yet, get the government out of the decision altogether.
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    Absolutely not. When civil liberties are not respected the federal government must intervene.
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    States ignoring federal law? Article VI of the Constitution states the Federal Law wins over State Law when there is a conflict.
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    States may discriminate so it is the duty of the federal government to to this
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    whiny voice: but how will I discriminate against other people now if can't force my views on other people legally?
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    The Constitution stipulates clearly that federal law rules over others period. Whats next states don't allow immigrants into them because they don't want them there. or don't enforce drug laws because they disagree?
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    The Federal Government has no place whatsoever in marriage. Constitutionally, that leaves the power to decide to the states by way of the tenth amendment.
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    What happened to the right the right of religious conscience.., or impeding the free exercise of religion
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    Marriage is a sovereign right of the people and the State they live in. No figurehead representing His/Her singular beliefs should be allowed to DICTATE to others their social rights. Let the States decide by "up or down" votes via constituents. Keep the FEDERAL government out of MY social life. I'm not gay, but I support GLBT rights!
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    State rights and laws should always rank higher than federal law.
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    They already do! The Federal Government has no authority to define marriage and I do not recognize authority that does not exist, especially fabricated law that elevates itself above the moral law of God.
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    Marraige is not the federal government's business
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    Certain freedoms must be given to all regardless of state.
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    It is rule by the majority not rule by the minority. And a very small minority at that.
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    I can't believe that we are debating whether we should recognize all people equally. Marriage, in the legal sense, applies to all per our Constitution.
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    Federal law trumps state laws.
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