Commission Guidance Regarding the Definition of the Terms “Spouse” and “Marriage” Following the Supreme Court's Decision in United States v. Windsor, 37536-37537 [2015-15506]
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37536
Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
17 CFR Parts 231, 241, 271, and 276
[Release Nos. 33–9850; 34–75250; IA–4122;
IC–31684]
Commission Guidance Regarding the
Definition of the Terms ‘‘Spouse’’ and
‘‘Marriage’’ Following the Supreme
Court’s Decision in United States v.
Windsor
Securities and Exchange
Commission.
ACTION: Interpretation.
AGENCY:
The Securities and Exchange
Commission is publishing interpretive
guidance to clarify how the Commission
will interpret the terms ‘‘spouse’’ and
‘‘marriage’’ in light of the Supreme
Court’s ruling in United States v.
Windsor.
SUMMARY:
DATES:
On June
26, 2013, the Supreme Court of the
United States ruled in United States v.
Windsor that Section 3 of the Defense of
Marriage Act (‘‘DOMA’’) is
unconstitutional.1 Section 3 provides
that 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 ‘spouse’ refers only to a person
of the opposite sex who is a husband or
a wife,’’ and the ‘‘word ‘marriage’ means
only a legal union between one man and
one woman as husband and wife.’’ 2
This section, the Court stated, ‘‘enacts a
directive applicable to over 1,000
federal statutes and the whole realm of
federal regulations.’’ 3 The Court found
that this directive ‘‘undermines both the
public and private significance of statesanctioned same-sex marriages’’ and
concluded that ‘‘no legitimate purpose
overcomes the purpose and effect to
disparage and to injure those whom the
State, by its marriage laws, sought to
protect in personhood and dignity.’’ 4
The Court thus held that Section 3 of
DOMA was invalid.5
In light of this decision, the
Commission will read the terms
‘‘spouse’’ and ‘‘marriage,’’ where they
SUPPLEMENTARY INFORMATION:
SECURITIES AND EXCHANGE
COMMISSION
Effective July 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Questions should be referred to
Benjamin Schiffrin, Senior Litigation
Counsel, Office of the General Counsel,
at (202) 551–5003, Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–9040.
Subject
Release No.
*
*
*
Commission Guidance Regarding the Definition of the
Terms ‘‘Spouse’’ and ‘‘Marriage’’ Following the Supreme
Court’s Decision in United States v. Windsor.
*
33–9850
appear in the federal securities statutes
administered by the Commission, the
rules and regulations promulgated
thereunder, releases, orders, and any
guidance issued by the staff or the
Commission, to include, respectively,
(1) an individual married to a person of
the same sex if the couple is lawfully
married under state law, regardless of
the individual’s domicile, and (2) such
a marriage between individuals of the
same sex. This guidance is consistent
with Windsor.
List of Subjects in 17 CFR Parts 231,
241, 271, and 276
Securities.
Amendments to the Code of Federal
Regulations
For the reasons set out above, the
Commission is amending Title 17,
chapter II of the Code of Federal
Regulations as set forth below:
PART 231—INTERPRETATIVE
RELEASES RELATING TO THE
SECURITIES ACT OF 1933 AND
GENERAL RULES AND REGULATIONS
THEREUNDER
1. Part 231 is amended by adding
Release No. 33–9850 to the list of
interpretive releases as follows:
■
Date
Fed. Reg. Vol. and Page
*
*
June 19, 2015 .................................
*
80 FR [Insert FR Page
Number]
PART 241—INTERPRETATIVE
RELEASES RELATING TO THE
SECURITIES EXCHANGE ACT OF 1934
AND GENERAL RULES AND
REGULATIONS THEREUNDER
2. Part 241 is amended by adding
Release No. 34–75250 to the list of
interpretive releases as follows:
■
Subject
Release No.
tkelley on DSK3SPTVN1PROD with RULES
*
*
*
Commission Guidance Regarding the Definition of the
Terms ‘‘Spouse’’ and ‘‘Marriage’’ Following the Supreme
Court’s Decision in United States v. Windsor.
1 133
S. Ct. 2675 (2013).
U.S.C. 7.
4 Id.
VerDate Sep<11>2014
17:34 Jun 30, 2015
Jkt 235001
PO 00000
S. Ct. at 2690.
at 2694, 2696.
Frm 00006
Fmt 4700
Fed. Reg. Vol. and Page
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June 19, 2015 .................................
3 133
21
*
34–75250
Date
5 Id.
Sfmt 4700
at 2696.
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01JYR1
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80 FR [Insert FR Page
Number]
Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
37537
PART 271—INTERPRETATIVE
RELEASES RELATING TO THE
INVESTMENT COMPANY ACT OF 1940
AND GENERAL RULES AND
REGULATIONS THEREUNDER
3. Part 271 is amended by adding
Release No. IC–31684 to the list of
interpretive releases as follows:
■
Subject
Release No.
*
*
*
Commission Guidance Regarding the Definition of the
Terms ‘‘Spouse’’ and ‘‘Marriage’’ Following the Supreme
Court’s Decision in United States v. Windsor.
*
IC–31684
Date
Fed. Reg. Vol. and Page
*
*
June 19, 2015 .................................
*
80 FR [Insert FR Page
Number]
PART 276—INTERPRETATIVE
RELEASES RELATING TO THE
INVESTMENT ADVISERS ACT OF 1940
AND GENERAL RULES AND
REGULATIONS THEREUNDER
4. Part 276 is amended by adding
Release No. IA–4122 to the list of
interpretive releases as follows:
■
Subject
Release No.
*
*
*
Commission Guidance Regarding the Definition of the
Terms ‘‘Spouse’’ and ‘‘Marriage’’ Following the Supreme
Court’s Decision in United States v. Windsor.
Dated: June 19, 2015.
By the Commission.
Robert W. Errett,
Deputy Secretary.
*
IA–4122
Date
*
*
June 19, 2015 .................................
for Small and Additional Issues
Exemptions under the Securities Act
(Regulation A).
This correction is effective July
1, 2015.
DATES:
[FR Doc. 2015–15506 Filed 6–30–15; 8:45 am]
BILLING CODE 8011–01–P
FOR FURTHER INFORMATION CONTACT:
Linda Cullen, Office of the Secretary at
(202) 551–5400.
SECURITIES AND EXCHANGE
COMMISSION
SUPPLEMENTARY INFORMATION:
17 CFR Part 232
Background
[Release Nos. 33–9741C; 34–74578C; 39–
2501C; File No. S7–11–13]
The final regulations that are the
subject of these corrections were
revisions to Item 101(a) of Regulation S–
T (§ 232.101(a) of the chapter) on the
effective date of the Amendments for
Small and Additional Issues
Exemptions under the Securities Act
(Regulation A) to reflect the mandatory
electronic filing of all issuer initial filing
and ongoing reporting requirements
under Regulation A (§§ 230.251–230.262
of the chapter).
RIN 3235–AL39
Amendments for Small and Additional
Issues Exemptions Under the
Securities Act (Regulation A);
Correction
Securities and Exchange
Commission.
ACTION: Correcting amendments.
tkelley on DSK3SPTVN1PROD with RULES
AGENCY:
This document contains
corrections to the final regulations (SEC
Rel. No. 33–9741), which were
published in the Federal Register of
Monday, April 20, 2015 (80 FR 21806).
The regulations related to Amendments
SUMMARY:
VerDate Sep<11>2014
17:34 Jun 30, 2015
Jkt 235001
Need for Correction
As published, the final regulations
contain errors which need to be
corrected.
PO 00000
Frm 00007
Fmt 4700
Fed. Reg. Vol. and Page
Sfmt 4700
*
80 FR [Insert FR Page
Number]
List of Subjects in 17 CFR Part 232
Reporting and recordkeeping
requirements, Securities.
Accordingly, 17 CFR part 232 is
corrected by making the following
correcting amendments:
■ 1. The authority citation for part 232
continues to read in part as follows:
Authority: 15 U.S.C. 77c, 77f, 77g, 77h,
77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m,
78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8,
80a–29, 80a–30, 80a–37, 7201 et seq.; and 18
U.S.C. 1350, unless otherwise noted.
*
*
*
*
*
2. Section 232.101 is amended by:
a. Revising paragraphs (a)(1)(xvi) and
(xvii); and
■ b. Adding paragraph (a)(1)(xviii).
The revisions and addition read as
follows:
■
■
§ 232.101 Mandated electronic
submissions and exceptions.
(a) * * *
(1) * * *
(xvi) Form ABS–15G (as defined in
§ 249.1400 of this chapter);
(xvii) Documents filed with the
Commission pursuant to section 13(n) of
the Exchange Act (15 U.S.C. 78m(n))
and the rules and regulations
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37536-37537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15506]
[[Page 37536]]
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SECURITIES AND EXCHANGE COMMISSION
17 CFR Parts 231, 241, 271, and 276
[Release Nos. 33-9850; 34-75250; IA-4122; IC-31684]
Commission Guidance Regarding the Definition of the Terms
``Spouse'' and ``Marriage'' Following the Supreme Court's Decision in
United States v. Windsor
AGENCY: Securities and Exchange Commission.
ACTION: Interpretation.
-----------------------------------------------------------------------
SUMMARY: The Securities and Exchange Commission is publishing
interpretive guidance to clarify how the Commission will interpret the
terms ``spouse'' and ``marriage'' in light of the Supreme Court's
ruling in United States v. Windsor.
DATES: Effective July 1, 2015.
FOR FURTHER INFORMATION CONTACT: Questions should be referred to
Benjamin Schiffrin, Senior Litigation Counsel, Office of the General
Counsel, at (202) 551-5003, Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-9040.
SUPPLEMENTARY INFORMATION: On June 26, 2013, the Supreme Court of the
United States ruled in United States v. Windsor that Section 3 of the
Defense of Marriage Act (``DOMA'') is unconstitutional.\1\ Section 3
provides that 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
`spouse' refers only to a person of the opposite sex who is a husband
or a wife,'' and the ``word `marriage' means only a legal union between
one man and one woman as husband and wife.'' \2\ This section, the
Court stated, ``enacts a directive applicable to over 1,000 federal
statutes and the whole realm of federal regulations.'' \3\ The Court
found that this directive ``undermines both the public and private
significance of state-sanctioned same-sex marriages'' and concluded
that ``no legitimate purpose overcomes the purpose and effect to
disparage and to injure those whom the State, by its marriage laws,
sought to protect in personhood and dignity.'' \4\ The Court thus held
that Section 3 of DOMA was invalid.\5\
---------------------------------------------------------------------------
\1\ 133 S. Ct. 2675 (2013).
\2\ 1 U.S.C. 7.
\3\ 133 S. Ct. at 2690.
\4\ Id. at 2694, 2696.
\5\ Id. at 2696.
---------------------------------------------------------------------------
In light of this decision, the Commission will read the terms
``spouse'' and ``marriage,'' where they appear in the federal
securities statutes administered by the Commission, the rules and
regulations promulgated thereunder, releases, orders, and any guidance
issued by the staff or the Commission, to include, respectively, (1) an
individual married to a person of the same sex if the couple is
lawfully married under state law, regardless of the individual's
domicile, and (2) such a marriage between individuals of the same sex.
This guidance is consistent with Windsor.
List of Subjects in 17 CFR Parts 231, 241, 271, and 276
Securities.
Amendments to the Code of Federal Regulations
For the reasons set out above, the Commission is amending Title 17,
chapter II of the Code of Federal Regulations as set forth below:
PART 231--INTERPRETATIVE RELEASES RELATING TO THE SECURITIES ACT OF
1933 AND GENERAL RULES AND REGULATIONS THEREUNDER
0
1. Part 231 is amended by adding Release No. 33-9850 to the list of
interpretive releases as follows:
----------------------------------------------------------------------------------------------------------------
Subject Release No. Date Fed. Reg. Vol. and Page
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Commission Guidance Regarding the 33-9850 June 19, 2015........ 80 FR [Insert FR Page Number]
Definition of the Terms
``Spouse'' and ``Marriage''
Following the Supreme Court's
Decision in United States v.
Windsor.
----------------------------------------------------------------------------------------------------------------
PART 241--INTERPRETATIVE RELEASES RELATING TO THE SECURITIES
EXCHANGE ACT OF 1934 AND GENERAL RULES AND REGULATIONS THEREUNDER
0
2. Part 241 is amended by adding Release No. 34-75250 to the list of
interpretive releases as follows:
----------------------------------------------------------------------------------------------------------------
Subject Release No. Date Fed. Reg. Vol. and Page
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Commission Guidance Regarding the 34-75250 June 19, 2015........ 80 FR [Insert FR Page Number]
Definition of the Terms
``Spouse'' and ``Marriage''
Following the Supreme Court's
Decision in United States v.
Windsor.
----------------------------------------------------------------------------------------------------------------
[[Page 37537]]
PART 271--INTERPRETATIVE RELEASES RELATING TO THE INVESTMENT
COMPANY ACT OF 1940 AND GENERAL RULES AND REGULATIONS THEREUNDER
0
3. Part 271 is amended by adding Release No. IC-31684 to the list of
interpretive releases as follows:
----------------------------------------------------------------------------------------------------------------
Subject Release No. Date Fed. Reg. Vol. and Page
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Commission Guidance Regarding the IC-31684 June 19, 2015........ 80 FR [Insert FR Page Number]
Definition of the Terms
``Spouse'' and ``Marriage''
Following the Supreme Court's
Decision in United States v.
Windsor.
----------------------------------------------------------------------------------------------------------------
PART 276--INTERPRETATIVE RELEASES RELATING TO THE INVESTMENT
ADVISERS ACT OF 1940 AND GENERAL RULES AND REGULATIONS THEREUNDER
0
4. Part 276 is amended by adding Release No. IA-4122 to the list of
interpretive releases as follows:
----------------------------------------------------------------------------------------------------------------
Subject Release No. Date Fed. Reg. Vol. and Page
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Commission Guidance Regarding the IA-4122 June 19, 2015........ 80 FR [Insert FR Page Number]
Definition of the Terms
``Spouse'' and ``Marriage''
Following the Supreme Court's
Decision in United States v.
Windsor.
----------------------------------------------------------------------------------------------------------------
Dated: June 19, 2015.
By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-15506 Filed 6-30-15; 8:45 am]
BILLING CODE 8011-01-P
