State Marriage Defense Act

The State Marriage Defense Act (H.R. 3829, S. 2024 in the 113th Congress, H.R. 824, S. 435 in the 114th Congress) is a proposed law introduced by Republican Senators Ted Cruz of Texas and Mike Lee of Utah that defines the terms "spouse" and "marriage" as used in federal laws to always follow the definition used in the particular state where the law is applied. The bill is advocated by conservative and Christian Right organizations after United States v. Windsor, including the National Organization for Marriage, the Ethics & Religious Liberty Commission, Concerned Women for America, the Family Research Council and Heritage Action.

The legislation has 28 co-sponsors when it was introduced. Other organizations that expressed support were the National Organization for Marriage, the Ethics & Religious Liberty Commission, Concerned Women for America, and Heritage Action.

In the wake of the Supreme Court United States v. Windsor decision, federal agencies such as the IRS use a "state of celebration" rule rather than a "state of domicile" rule to determine if a marriage is recognized. In response, the State Marriage Defense Act was introduced to the US Senate on October 8, 2014, by Republican Senators Ted Cruz of Texas and Mike Lee of Utah. The Act would, for federal purposes, prohibit the term "marriage" from referring to any relationship that an individual's state of residence does not recognize, and prohibits the term "spouse" from including anyone whose marriage is not recognized by their state of residence.

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