Defense of Marriage Act Upheld in CA

June 16, 2005

SANTA ANA, CA — A federal judge Thursday rejected an Orange County gay couple's bid to challenge the Federal Defense of Marriage Act as a means to get a marriage license.

The suit by Christopher Hammer and Arthur Smelt, which began in January, was not endorsed by any national or state LGBT group. Lambda Legal and the National Center for Lesbian Rights had filed friend of the court briefs arguing that the cases already before California courts should take precedence.

Marriage traditionally has been a state law matter, Jennifer Pizer, senior counsel with the Lambda Legal argued.

Hammer and Smelt, both 45 and on disability retirement from their jobs, met in 1996 and held a commitment ceremony in their Mission Viejo home a year later in front of a few family members. In 2000 they registered under California's domestic partner law.

But, when they tried to get a marriage license in Orange County they were turned down.

The couple's lawyer, Richard C. Gilbert, told the court that laws prohibiting gay marriage are a violation of civil rights equivalent to racial segregation.

Calling gays and lesbians the most oppressed minority since slavery, Gilbert urged Judge Taylor to overturn the California and federal laws against same-sex marriage.

But, in his ruling today U.S. District Judge Gary L. Taylor upheld federal DOMA and declined to rule on the constitutionality of California laws.

NCLR and Lambda are fighting for same-sex marriage in San Francisco and the case is expected to reach the California Supreme Court later this year.