Scroll To Top
World

Court of appeals
dismisses California couple's marriage-equality bid

Court of appeals
dismisses California couple's marriage-equality bid

A federal appeals court has dismissed a Southern California gay couple's challenge to the Defense of Marriage Act. It is exactly the result same-sex marriage advocates had been hoping for. Arthur Smelt and Christopher Hammer of Mission Viejo filed the suit in 2004, contending that denying them a marriage license violated the U.S. Constitution. Last June a federal judge dismissed Smelt and Hammer's suit. On Friday the ninth circuit court of appeals, based in San Francisco, upheld the lower court ruling. The appeals panel found that the Defense of Marriage Act denying them federal benefits of marriage had not actually harmed the two men because they were not legally married under state law. Groups supporting same-sex marriage, including Equality California and Lambda Legal, were not in favor of Smelt and Hammer's lawsuit. The gay rights groups fear swift, unfavorable rulings in the federal courts and are pushing for equal marriage rights in friendlier state court settings. Smelt and Hammer have vowed to take their case to the U.S. Supreme Court. (Sirius OutQ News)

Advocate Channel - The Pride StoreOut / Advocate Magazine - Fellow Travelers & Jamie Lee Curtis

From our Sponsors

Most Popular

Latest Stories

Outtraveler Staff