Marriage law in the US

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).

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.

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.The most famous is

 Loving v. Virginia , 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 , 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.Thus, the

Supreme Court has placed important limits on what states can do in their regulation of 

marriage.

A professor 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.