[Congressional Record Volume 161, Number 1 (Tuesday, January 6, 2015)]
[Senate]
[Pages S12-S13]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Markey, Mr. Coons, Mr. Whitehouse, 
        Mr. Franken, and Mrs. Boxer):
  S. 23. A bill to amend title 17, United States Code, with respect to 
the definition of ``widow'' and ``widower'', and for other purposes; to 
the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, over the past few years we have seen 
remarkable progress in one of the defining civil rights issues of our 
era--ensuring that all lawfully married couples are treated equally 
under the law. In 2011, when I chaired the first Congressional hearing 
to repeal the Defense of Marriage Act, only 5 States, including 
Vermont, recognized same-sex marriage. With today's lifting of 
Florida's unconstitutional same-sex marriage ban, couples in 36 States 
and the District of Columbia now have the freedom to marry. This is 
welcome progress, and I hope we will see similar advancements in even 
more States this year so that all Americans can marry the one they 
love.
  Despite this tremendous progress, there is still more to be done to 
ensure that no person faces discrimination based on who they marry or 
wish to marry. As I said when the Supreme Court struck down Section 3 
of the Defense of Marriage Act, ``All couples who are lawfully married 
under state law, including in Vermont, should be entitled to the same 
Federal protections afforded to all other married couples.'' Court 
challenges will continue this year in the remaining States that do not 
recognize marriage equality. But in Congress, there are several steps 
we can take immediately to help ensure our Federal laws treat all 
marriages equally.
  Surprisingly, the Copyright Act, which protects our Nation's diverse 
creative voices, still bears vestiges of discrimination. A provision in 
the Act grants rights to the surviving spouse of a copyright owner only 
if the marriage is recognized in the owner's State of residence at the 
time he or she dies. This means that a writer who lawfully marries his 
or her partner in Vermont or California is not a ``spouse'' under the 
Copyright Act if they move to Michigan, Georgia, or one of the other 
States that do not currently recognize their marriage.
  Congress should close this discriminatory loophole to ensure our 
Federal statutes live up to our Nation's promise of equality under the 
law. As the Supreme Court recognized in striking down key portions of 
the Defense of Marriage Act, it is wrong for the Federal Government to 
deny benefits or privileges to couples who have lawfully wed.
  Today I am reintroducing the Copyright and Marriage Equality Act in 
the Senate to correct this problem. The bill, which I introduced in the 
Senate last Congress and which a bipartisan group of lawmakers 
including Representatives Derek Kilmer, Ileana Ros-Lehtinen, and Jared 
Polis plans to reintroduce in the House of Representatives soon, amends 
the Copyright Act to look simply at whether a couple is lawfully 
married--not where a married couple happens to live when the copyright 
owner dies. It will ensure that the rights attached to the works of our 
Nation's gay and lesbian authors, musicians, painters, photographers, 
and other creators pass to their widows and widowers. Artists are part 
of the creative lifeblood of our Nation, and our laws should protect 
their families equally.
  When I introduced this bill last year, it failed to get the support 
of a single Republican in the Senate. I hope that in this Congress, 
Republicans will consider joining this effort to correct

[[Page S13]]

these remnants of discrimination in our Federal laws. On the issue of 
marriage equality, the arc of history is at long last bending towards 
justice, so that all Americans one day will be free to marry the one 
they love. Statutes like the Copyright Act, or laws governing the 
Social Security Administration and Department of Veterans Affairs which 
also contain remnants of discrimination, are no place for inequality in 
our country. I urge the Senate to take up and pass this important piece 
of legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 23

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Copyright and Marriage 
     Equality Act''.

     SEC. 2. DEFINITION OF WIDOW AND WIDOWER IN TITLE 17, UNITED 
                   STATES CODE.

       (a) In General.--Section 101 of title 17, United States 
     Code, is amended by striking the definition of `` `widow' or 
     `widower' '' and inserting the following:
       ``An individual is the `widow' or `widower' of an author if 
     the courts of the State in which the individual and the 
     author were married (or, if the individual and the author 
     were not married in any State but were validly married in 
     another jurisdiction, the courts of any State) would find 
     that the individual and the author were validly married at 
     the time of the author's death, whether or not the spouse has 
     later remarried.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to the death of any author that 
     occurs on or after the date of the enactment of this Act.
                                 ______