Supreme Court declines to hear same-sex marriage case

The U.S. Supreme Court on Tuesday declined to hear an appeal by a California gay couple whose quest for a marriage license was rejected by a federal appeals court earlier this year. Arthur Smelt and Christopher Hammer have been in court since the Orange County clerk rejected their marriage license applications in 2004, The Orange County Register reports.

The pair was unable to win support from gay rights groups, who wanted to focus legal efforts on winning same-sex marriage rights in state courts. The groups feared that a federal court decision would lead to a nationwide defeat. "I don't think a whole lot of this right now—I'm pretty sure all of this will be overturned someday," Hammer told the Register after learning of the Supreme Court action.

The ninth U.S. circuit court of appeals, often characterized as one of the most liberal courts in the country, shot the pair's case down in May. "Smelt and Hammer are not even married under any state law or, for that matter, under the law of any foreign country. No doubt they wish they could be, but, again, they are not," the ninth circuit judges wrote in rejecting the men's request. The judges said it would have been a stronger case had they been married in one state and a second state refused to recognize the marriage. (The Advocate)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

Be the first to comment on this story.

If you would like to submit a comment for posting, please fill out the form above.

All comments submitted via this form are subject to posting or publication. (To send a private letter to an Advocate editor or writer, please use the e-mail button at the top of the page, or use snail mail.) If you would like your comment considered for publication in The Advocate magazine, please include your full name, your city of residence, and a phone number where you can be reached during business hours so that we can confirm your identity. Your e-mail address and telephone number are strictly confidential and will not be shared or used for any purpose other than to contact you about your comment.

See the Contact page for sending comments for reasons other than responding to Advocate editorial and news stories.

Please note that comments sent by fax or snail mail are unlikely to be posted, although they will be considered for publication along with all letters received via e-mail or via this Web page. Comments that chiefly concern Advocate.com content will be considered for posting only on the Web site. The Advocate reserves the right to edit submitted comments for grammar, spelling, obscenities, or libel; we will, however, do our best to preserve the original comment's style and intent. Comments considered for publication in The Advocate magazine may also be edited for length.

More Exclusives

Letter to the Editor
We’d like to unveil a big change: after nearly four decades as a biweekly magazine, we’re going monthly.

Parental Control
San Francisco State researcher Caitlin Ryan explains the importance behind a study linking suicide and drug use among gay children to parental rejection.

Austerity Chic
How novelist and performance artist Mike Albo gets by in lean times.

Hoping to "Wu" Michelle
Dressing Michelle Obama in November was a game changer for designer Jason Wu. Now he has his sights set on the future first lady’s most high-profile event: Inauguration Day.

A Desert Journey
The Mii Amo spa in Sedona, Ariz., is famous for packages designed to lead people through a spiritual as well as physical transformation. One writer relinquishes herself to the journey and recounts her days in one of the world's most beautiful destination resorts.

Great American Couple
In an exclusive excerpt from his new book, Hollywood Bohemians: Transgressive Sexuality and the Selling of the Movieland Dream, Brett L. Abrams explores the relationship between Cary Grant and Randolph Scott, who led homosexual lives right under everyone's nose.

Mormons Gone Wild
After one man undresses missionaries for his calendar, LDS Church–owned Brigham Young University strips him of his degree.

Constructive Impatience
Stung by the Warren decision, GLAAD's former executive director Joan Garry offers the Obama transition team some sage advice.

Boxer Goes Trans for Eli Stone
Often perceived as male by confused casting agents, boxer-body builder turned actor Dallas Malloy felt a deep connection to the trans minister she plays on Eli Stone.

Mamma Mia! Rises Again
Meryl Streep and company managed to top Harry Potter and Titanic at the U.K. box office, and now Mamma Mia! is poised to break similar records on DVD. Director Phyllida Lloyd talked to Advocate.com about bringing one of the biggest musicals of all time to the big screen.

Letters From Southern Africa: Home Visit
Peace Corps volunteer Zachery Scott heads into the bush to visit with families.

The Other White Meat
As one of the subjects of the documentary about the drag pageant circuit, Pageant, opening in select theaters, and one of the contestants on RuPaul's Drag Race, premiering next month on Logo, Victoria "Porkchop" Parker may not look or act like your typical female impersonator, but make no mistake, she is one of the best.

The Religious Defense
In an excerpt from her new book, Bulletproof Faith: A Spiritual Survival Guide for Gay and Lesbian Christians, author Candace Chellew-Hodge incorporates the wisdom of Xena: Warrior Princess to illustrate her theories as to how gay and lesbian people of faith can protect themselves from those who attack their views.

Photo Finish
Did Prop. 8 backlash cause art censorship -- or its reversal -- at Brigham Young University? Could be, as BYU photography student J. Michael Wiltbank found when his contribution to a two-week-long art exhibition -- eight pairs of benign portraits, each depicting an LGBT-identified BYU student alongside a supportive friend -- had been removed.

The Divine Miss M.
Since the death of performer Wayland Flowers in 1988, his over-the-top puppet creation Madame has been seen only sporadically. But with the launch of her new casino tour, Madame is back.

Whither NLGJA?
The leading professional organization for LGBT journalists is facing a crisis that threatens its very survival. In a changing media landscape and a tough economy, how does a small nonprofit live up to its mission and retain members?

The Road to Equality
Barbara Boxer, the U.S. senator from California, understands why her gay constituents are furious over Rick Warren's role in the inauguration -- it feels like Proposition 8 redux.

A Call to Action for Barack Obama
In the wake of the decision by President-elect Barack Obama to select Reverend Rick Warren to give the invocation at his inauguration, Equality California executive director Geoff Kors calls on Obama to live up to his promise of "One America" and prove he is the ardent supporter of LGBT equality he claims to be.

Gays Shut Out of Cabinet
As if the news of antigay pastor Rick Warren's invitation to deliver Obama's inaugural invocation weren't insulting enough to LGBT Americans, we're now hit with the reality that no openly gay people will be seated at the cabinet table to weigh in on the next antigay flap.

Wading Your Way Through Hollywood
Reichen Lehmkuhl switches hats for his second column and leaves the activist at the door as he offers some sage advice for Hollywood hopefuls. Whether you're gay or straight, what Reichen has to say about "talent" puts the business that is entertainment into perspective.