Said Weber in a statement:
“The 10th Amendment was established to
protect state sovereignty and individual rights from being seized by the
Federal Government. For too long, however, the Federal Government has
slowly been eroding state’s rights by promulgating rules and regulations
through federal agencies. I drafted the “State Marriage Defense Act of
2014” to help restore the 10th Amendment, affirm the authority of states
to define and regulate marriage, as well as, provide clarity to federal
agencies seeking to determine who qualifies as a spouse for the purpose
of federal law. By requiring that the Federal Government defer to the
laws of a person’s state of legal residence in determining marital
status, we can protect states’ constitutionally established powers from
the arbitrary overreach of unelected bureaucrats.”
Writes the hate group Family Research Council in a press release lauding Weber:
The State Marriage Defense Act is a
response to the Supreme Court's 2013 decision in United States v.
Windsor. The Court struck down as unconstitutional Section 3 of the 1996
Defense of Marriage Act (DOMA), which defined marriage for all purposes
under federal law as the union of one man and one woman. The plaintiff
in Windsor had entered into a marriage with a person of the same sex
that was recognized as legal by the state in which she lived, so the
Court said that the federal government should also recognize the
relationship as a marriage.
However, the Court was silent on the status of same-sex couples who may have obtained a civil marriage in one state, but who live in a state that recognizes only marriages of a man and a woman. The Obama administration has implemented guidance for some federal agencies that ignores the marriage laws of states that define marriage between a man and a woman. At the same time, other federal agencies defer to the laws of a person's state of legal residency to determine marital status for federal purposes. The State Marriage Defense Act would address this administrative chaos with a simple rule that tells the federal government to respect state determinations of the marital status of their residents when applying federal law.
However, the Court was silent on the status of same-sex couples who may have obtained a civil marriage in one state, but who live in a state that recognizes only marriages of a man and a woman. The Obama administration has implemented guidance for some federal agencies that ignores the marriage laws of states that define marriage between a man and a woman. At the same time, other federal agencies defer to the laws of a person's state of legal residency to determine marital status for federal purposes. The State Marriage Defense Act would address this administrative chaos with a simple rule that tells the federal government to respect state determinations of the marital status of their residents when applying federal law.
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