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.
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.
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.
Sponsoring Rep. Randy Weber (R-TX) Press Release
United States Conference of Catholic Bishops (in support)
The Witherspoon Institute (in support)
(Photo Credit: Flickr user WalterPro4755)