1 U.S.C. § 7 — Definition of "marriage" and "spouse"

(a) For the purposes of any Federal law, rule, or regulation in which marital status is a factor, an individual shall be considered married if that individual's marriage is between 2 individuals and is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is between 2 individuals and is valid in the place where entered into and the marriage could have been entered into in a State.

(b) In this section, the term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.

(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.

Editorial note. The text reproduced above is preserved from the official Office of the Law Revision Counsel publication and reflects the section as amended by the Respect for Marriage Act, Pub. L. 117–228, § 5, Dec. 13, 2022, 136 Stat. 2306.

Editorial note. As originally enacted by section 3(a) of the Defense of Marriage Act, Pub. L. 104–199, this section provided: "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." That language is preserved here as editorial context only; it is not the codified statutory text in force.

Editorial note. In United States v. Windsor, 570 U.S. 744 (2013), the Supreme Court held the original section 3 of the Defense of Marriage Act unconstitutional as applied to lawfully married same-sex couples.

Editorial note. In Obergefell v. Hodges, 576 U.S. 644 (2015), the Supreme Court recognized the right to marry of same-sex couples under the Fourteenth Amendment.

Editorial note. These observations are explanatory only and do not alter, supersede, or authoritatively interpret the codified statutory text.

Editorial note. Source credits are preserved as editorial metadata derived from the official Office of the Law Revision Counsel publication.

Editorial note. Added Pub. L. 104–199, § 3(a), Sept. 21, 1996, 110 Stat. 2419; amended Pub. L. 117–228, § 5, Dec. 13, 2022, 136 Stat. 2306.

Editorial note. Statutory notes reproduced from the Office of the Law Revision Counsel remain clearly identified as statutory notes rather than the codified section text.

Editorial note. Short title note. Section 1 of Pub. L. 104–199 provided that Pub. L. 104–199, enacting this section and section 1738C of title 28, may be cited as the "Defense of Marriage Act". Section 1 of Pub. L. 117–228 provided that Pub. L. 117–228 may be cited as the "Respect for Marriage Act".