A federal judge has thrown out a homosexual couple's challenge to the California constitutional amendment defining marriage as the union of one man and one woman.
-- From "Federal judge tosses lawsuit against Prop 8" by Chelsea Schilling © 2009 WorldNetDaily 7/20/09
In December 2008, two homosexual men filed a lawsuit claiming that the state's marriage amendment, passed decisively by voters in November's election, violates the U.S. Constitution.
The men were able to obtain a California "marriage" license during a short window of time in which licenses for same-sex unions were granted. They wed July 10, 2008 – before California's Proposition 8 was passed.
In the case, Smelt et. al. v. United States of America, Plaintiffs Arthur Bruno Smelt and Christopher David Hammer argued that "'the refusal of all states and jurisdictions' to recognize the validity of their marriage results in the denial to them of numerous rights, benefits and responsibilities bestowed on all other married couples, so long as they are opposite-sex couples."
Smelt and Hammer targeted their action at the federal Defense of Marriage Act and California's Proposition 8.
. . . the U.S. government will still be listed as a defendant when the case against the Defense of Marriage Act is heard Aug. 3 by the California Supreme Court.
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