S.Amdt. 6499
What it does: Adds SEC. 4A. LIMITS ON RECOGNITION OF CERTAIN MARRIAGES after section 4
Sen. Ted Cruz (R-TX)What it changes
1 change to H.R. 8404 · shown in the bill's text
Adds SEC. 4A. LIMITS ON RECOGNITION OF CERTAIN MARRIAGES after section 4
Adds a sectionIn H.R. 8404 · Placed on Calendar Senate
"(c) For purposes of subsection (a), in determining whether a marriage is valid in a State or the place where entered into, if outside of any State, only the law of the jurisdiction applicable at the time the marriage was entered into may be considered.".
Inserted: SEC. 4A. LIMITS ON RECOGNITION OF CERTAIN MARRIAGES.
Inserted: (a) No Recognition or Full Faith and Credit for Polygamous Marriages.--
Inserted: (1) In general.--Nothing in this Act, or any amendment made by this Act, shall be construed--
Inserted: (A) to require or authorize Federal recognition of a polygamous marriage;
Inserted: (B) to give full faith and credit to an act, record, or proceeding pertaining to a polygamous marriage; or
Inserted: (C) to require or authorize recognition of a right or claim arising from a polygamous marriage.
Inserted: (2) Covered marriage.--In this subsection, the term "polygamous marriage" means a marriage that is not a union--
Inserted: (A) between no more than 2 or less than 2 individuals; and
Inserted: (B) in which each of those individuals is in only 1 marriage.
Inserted: (b) No Full Faith and Credit for Marriages in Which a Party Is Below a Certain Age Limit.--
Inserted: (1) In general.--Nothing in this Act, or any amendment made by this Act, shall be construed--
Inserted: (A) to give full faith and credit in a second State to an act, record, or proceeding pertaining to a marriage in a first State if either party, on the date of the marriage, was under the age of consent for marriage in the second State; or
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Inserted: (B) to require or authorize recognition in a second State of a right or claim arising from a marriage in a first State if either party, on the date of the marriage, was under that age.
Inserted: (2) State determination.--Nothing in this Act, or any amendment made by this Act, shall prohibit a State from determining the age of consent for marriage in that State.
Inserted: (c) No Full Faith and Credit for Marriages in Which the Parties Are Too Closely Related.--
Inserted: (1) In general.--Nothing in this Act, or any amendment made by this Act, shall be construed--
Inserted: (A) to give full faith and credit in a second State to an act, record, or proceeding pertaining to a marriage in a first State in which the parties have a degree of consanguinity for which marriage is forbidden in the second State; or
Inserted: (B) to require or authorize recognition in a second State of a right or claim arising from a marriage in a first State in which the parties have that degree of consanguinity.
Inserted: (2) State determination.--Nothing in this Act, or any amendment made by this Act, shall prohibit a State from determining the degree of consanguinity for marriage in that State.
Original wording
After section 4 of the bill, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 6499. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill H.R. 8404, to repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes; which was ordered to lie on the table; as follows:
After section 4 of the bill, insert the following:
SEC. 4A. LIMITS ON RECOGNITION OF CERTAIN MARRIAGES.
(a) No Recognition or Full Faith and Credit for Polygamous Marriages.--
(1) In general.--Nothing in this Act, or any amendment made by this Act, shall be construed--
(A) to require or authorize Federal recognition of a polygamous marriage;
(B) to give full faith and credit to an act, record, or proceeding pertaining to a polygamous marriage; or
(C) to require or authorize recognition of a right or claim arising from a polygamous marriage.
(2) Covered marriage.--In this subsection, the term “polygamous marriage” means a marriage that is not a union--
(A) between no more than 2 or less than 2 individuals; and
(B) in which each of those individuals is in only 1 marriage.
(b) No Full Faith and Credit for Marriages in Which a Party Is Below a Certain Age Limit.--
(1) In general.--Nothing in this Act, or any amendment made by this Act, shall be construed--
(A) to give full faith and credit in a second State to an act, record, or proceeding pertaining to a marriage in a first State if either party, on the date of the marriage, was under the age of consent for marriage in the second State; or
(B) to require or authorize recognition in a second State of a right or claim arising from a marriage in a first State if either party, on the date of the marriage, was under that age.
(2) State determination.--Nothing in this Act, or any amendment made by this Act, shall prohibit a State from determining the age of consent for marriage in that State.
(c) No Full Faith and Credit for Marriages in Which the Parties Are Too Closely Related.--
(1) In general.--Nothing in this Act, or any amendment made by this Act, shall be construed--
(A) to give full faith and credit in a second State to an act, record, or proceeding pertaining to a marriage in a first State in which the parties have a degree of consanguinity for which marriage is forbidden in the second State; or
(B) to require or authorize recognition in a second State of a right or claim arising from a marriage in a first State in which the parties have that degree of consanguinity.
(2) State determination.--Nothing in this Act, or any amendment made by this Act, shall prohibit a State from determining the degree of consanguinity for marriage in that State.
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Senate amendment submitted
November 28, 2022