80_FR_37662 80 FR 37536 - Commission Guidance Regarding the Definition of the Terms “Spouse” and “Marriage” Following the Supreme Court's Decision in United States v. Windsor

80 FR 37536 - 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

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range37536-37537
FR Document2015-15506

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.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015) 
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37536-37537]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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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\
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    \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.
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    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

37536 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations SECURITIES AND EXCHANGE SUPPLEMENTARY INFORMATION: On June appear in the federal securities statutes COMMISSION 26, 2013, the Supreme Court of the administered by the Commission, the United States ruled in United States v. rules and regulations promulgated 17 CFR Parts 231, 241, 271, and 276 Windsor that Section 3 of the Defense of thereunder, releases, orders, and any Marriage Act (‘‘DOMA’’) is guidance issued by the staff or the [Release Nos. 33–9850; 34–75250; IA–4122; unconstitutional.1 Section 3 provides Commission, to include, respectively, IC–31684] that in ‘‘determining the meaning of any (1) an individual married to a person of Act of Congress, or of any ruling, the same sex if the couple is lawfully Commission Guidance Regarding the regulation, or interpretation of the married under state law, regardless of Definition of the Terms ‘‘Spouse’’ and various administrative bureaus and the individual’s domicile, and (2) such ‘‘Marriage’’ Following the Supreme agencies of the United States,’’ the a marriage between individuals of the Court’s Decision in United States v. ‘‘word ‘spouse’ refers only to a person same sex. This guidance is consistent Windsor of the opposite sex who is a husband or with Windsor. a wife,’’ and the ‘‘word ‘marriage’ means List of Subjects in 17 CFR Parts 231, AGENCY: Securities and Exchange only a legal union between one man and 241, 271, and 276 Commission. one woman as husband and wife.’’ 2 ACTION: Interpretation. This section, the Court stated, ‘‘enacts a Securities. directive applicable to over 1,000 Amendments to the Code of Federal SUMMARY: The Securities and Exchange federal statutes and the whole realm of Commission is publishing interpretive Regulations federal regulations.’’ 3 The Court found guidance to clarify how the Commission that this directive ‘‘undermines both the For the reasons set out above, the will interpret the terms ‘‘spouse’’ and public and private significance of state- Commission is amending Title 17, ‘‘marriage’’ in light of the Supreme sanctioned same-sex marriages’’ and chapter II of the Code of Federal Court’s ruling in United States v. concluded that ‘‘no legitimate purpose Regulations as set forth below: Windsor. overcomes the purpose and effect to PART 231—INTERPRETATIVE DATES: Effective July 1, 2015. disparage and to injure those whom the RELEASES RELATING TO THE FOR FURTHER INFORMATION CONTACT: State, by its marriage laws, sought to SECURITIES ACT OF 1933 AND Questions should be referred to protect in personhood and dignity.’’ 4 GENERAL RULES AND REGULATIONS Benjamin Schiffrin, Senior Litigation The Court thus held that Section 3 of THEREUNDER Counsel, Office of the General Counsel, DOMA was invalid.5 at (202) 551–5003, Securities and In light of this decision, the ■ 1. Part 231 is amended by adding Exchange Commission, 100 F Street NE., Commission will read the terms Release No. 33–9850 to the list of Washington, DC 20549–9040. ‘‘spouse’’ and ‘‘marriage,’’ where they interpretive releases as follows: Subject Release No. Date Fed. Reg. Vol. and Page * * * * * * * Commission Guidance Regarding the Definition of the 33–9850 June 19, 2015 ................................. 80 FR [Insert FR Page Terms ‘‘Spouse’’ and ‘‘Marriage’’ Following the Supreme Number] 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 ■ 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 Definition of the 34–75250 June 19, 2015 ................................. 80 FR [Insert FR Page Terms ‘‘Spouse’’ and ‘‘Marriage’’ Following the Supreme Number] Court’s Decision in United States v. Windsor. tkelley on DSK3SPTVN1PROD with RULES 1 133 S. Ct. 2675 (2013). 3 133 S. Ct. at 2690. 5 Id. at 2696. 21 U.S.C. 7. 4 Id. at 2694, 2696. VerDate Sep<11>2014 17:34 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\01JYR1.SGM 01JYR1

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. Date Fed. Reg. Vol. and Page * * * * * * * Commission Guidance Regarding the Definition of the IC–31684 June 19, 2015 ................................. 80 FR [Insert FR Page Terms ‘‘Spouse’’ and ‘‘Marriage’’ Following the Supreme Number] 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 ■ 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 Definition of the IA–4122 June 19, 2015 ................................. 80 FR [Insert FR Page Terms ‘‘Spouse’’ and ‘‘Marriage’’ Following the Supreme Number] Court’s Decision in United States v. Windsor. Dated: June 19, 2015. for Small and Additional Issues List of Subjects in 17 CFR Part 232 By the Commission. Exemptions under the Securities Act Reporting and recordkeeping Robert W. Errett, (Regulation A). requirements, Securities. Deputy Secretary. DATES: This correction is effective July Accordingly, 17 CFR part 232 is [FR Doc. 2015–15506 Filed 6–30–15; 8:45 am] 1, 2015. corrected by making the following BILLING CODE 8011–01–P correcting amendments: FOR FURTHER INFORMATION CONTACT: ■ 1. The authority citation for part 232 Linda Cullen, Office of the Secretary at continues to read in part as follows: SECURITIES AND EXCHANGE (202) 551–5400. COMMISSION Authority: 15 U.S.C. 77c, 77f, 77g, 77h, SUPPLEMENTARY INFORMATION: 77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 17 CFR Part 232 78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, Background 80a–29, 80a–30, 80a–37, 7201 et seq.; and 18 [Release Nos. 33–9741C; 34–74578C; 39– U.S.C. 1350, unless otherwise noted. 2501C; File No. S7–11–13] The final regulations that are the subject of these corrections were * * * * * RIN 3235–AL39 revisions to Item 101(a) of Regulation S– ■ 2. Section 232.101 is amended by: T (§ 232.101(a) of the chapter) on the ■ a. Revising paragraphs (a)(1)(xvi) and Amendments for Small and Additional effective date of the Amendments for (xvii); and Issues Exemptions Under the Small and Additional Issues ■ b. Adding paragraph (a)(1)(xviii). Securities Act (Regulation A); The revisions and addition read as Exemptions under the Securities Act Correction follows: (Regulation A) to reflect the mandatory AGENCY: Securities and Exchange electronic filing of all issuer initial filing § 232.101 Mandated electronic Commission. and ongoing reporting requirements submissions and exceptions. ACTION: Correcting amendments. under Regulation A (§§ 230.251–230.262 (a) * * * of the chapter). (1) * * * tkelley on DSK3SPTVN1PROD with RULES SUMMARY: This document contains (xvi) Form ABS–15G (as defined in corrections to the final regulations (SEC Need for Correction § 249.1400 of this chapter); Rel. No. 33–9741), which were As published, the final regulations (xvii) Documents filed with the published in the Federal Register of Commission pursuant to section 13(n) of contain errors which need to be Monday, April 20, 2015 (80 FR 21806). the Exchange Act (15 U.S.C. 78m(n)) corrected. The regulations related to Amendments and the rules and regulations VerDate Sep<11>2014 17:34 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\01JYR1.SGM 01JYR1


Document Created: 2015-12-15 13:19:07
Document Modified: 2015-12-15 13:19:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterpretation.
DatesEffective July 1, 2015.
ContactQuestions 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.
FR Citation80 FR 37536 
CFR Citation17 CFR 231
17 CFR 241
17 CFR 271
17 CFR 276
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