The Defense of Marriage Act: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, Second Session on S. 1740 ... July 11, 1996, Volume 4

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U.S. Government Printing Office, 1996 - Law - 78 pages
 

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Page 28 - The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties,...
Page 26 - 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.
Page 6 - 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.'.
Page 35 - The common law would give such judgments precisely the same effect. It is manifest, however, that the constitution contemplated a power in congress to give a conclusive effect to such judgments. And we can perceive no rational interpretation of the act of congress, unless it declares a judgment conclusive when a court of the particular state where it is rendered would pronounce the same decision.
Page 35 - Congress has not prescribed, as it may under the constitutional provision, we think the conclusion is unavoidable that the full faith and credit clause does not require one state to substitute for its own statute, applicable to persons and events within it, the conflicting statute of another state, even though that statute is of controlling force in the courts of the state of its enactment with respect to the same persons and events.
Page 27 - In everything that is touched by federal law or regulation, "marriage means only a legal union between one man and one woman as husband and wife," and "spouse refers only to a person of the opposite sex who is a husband or a wife.
Page 51 - Gays promotes the health and well-being of gay, lesbian, bisexual, and transgendered persons and their families and friends through support, to cope with an adverse society; education, to enlighten an ill-informed public; and advocacy, to end discrimination and to secure equal civil rights.
Page 31 - For Worse, In Sickness and in Health, Until Death do Us Part: A Look at Same-Sex marriage in Hawaii, 16 U.
Page 44 - A marriage which satisfies the requirements of the state where the marriage was contracted will everywhere be recognized as valid unless it violates the strong public policy of another state which had the most significant relationship to the spouses and the marriage at the time of the marriage.
Page 58 - Congress has the power under the clause to decree the effect Clause that the statutes of one State shall have in other states. This being so, it does not seem extravagant to argue that Congress may under the clause describe a certain type of divorce and say that it shall be granted recognition throughout the Union, and that no other kind shall. Or, to speak in more general so Northern Pacific RR v.