United States Code
TITLE 1. GENERAL PROVISIONS
§ 7. [Defense of Marriage Act, § 3] Definition of “marriage” and “spouse”
TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE
§ 1738. State and Territorial statutes and judicial proceedings; full faith and credit
§ 1738C. [Defense of Marriage Act, § 2] Certain acts, records, and proceedings and the effect thereof
§ 1739. State and Territorial nonjudicial records; full faith and credit
TITLE 1. GENERAL PROVISIONS
Chapter 1. Rules of Construction
§ 7. Definition of “marriage” and “spouse”
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.
Source: Defense of Marriage Act, Pub. L. No. 104-199, § 3, 110 Stat. 2419 (1996).
TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE
Part V—Procedure
Chapter 115. Evidence; Documentary
§ 1738. State and Territorial statutes and judicial proceedings; full faith and credit
The Acts of the legislature of any State, Territory, or Possession of the United States, or copies thereof, shall be authenticated by affixing the seal of such State, Territory or Possession thereto.
The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form.
Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.
Source: Act of June 25, 1948, c. 646, 62 Stat. 947.
§ 1738C. Certain acts, records, and proceedings and the effect thereof
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.
Source: Defense of Marriage Act, Pub. L. No. 104-199, § 2, 110 Stat. 2419 (1996).
§ 1739. State and Territorial nonjudicial records; full faith and credit
All nonjudicial records or books kept in any public office of any State, Territory, or Possession of the United States, or copies thereof, shall be proved or admitted in any court or office in any other State, Territory, or Possession by the attestation of the custodian of such records or books, and the seal of his office annexed, if there be a seal, together with a certificate of a judge of a court of record of the county, parish, or district in which such office may be kept, or of the Governor, or secretary of state, the chancellor or keeper of the great seal, of the State, Territory, or Possession that the said attestation is in due form and by the proper officers.
If the certificate is given by a judge, it shall be further authenticated by the clerk or prothonotary of the court, who shall certify, under his hand and the seal of his office, that such judge is duly commissioned and qualified; or, if given by such Governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or Possession in which it is made.
Such records or books, or copies thereof, so authenticated, shall have the same full faith and credit in every court and office within the United States and its Territories and Possessions as they have by law or usage in the courts or offices of the State, Territory, or Possession from which they are taken.
Source: Act of June 25, 1948, c. 646, 62 Stat. 947.