Smelt
Smelt v. County of Orange
Opinion
Opinion
Taylor, J.
ORDER ON CROSS-MOTIONS FOR • SUMMARY JUDGMENT; JUDGMENT
In a federal constitutional challenge to same-sex marriage limitations, the Court holds (1) it is a proper exercise of discretion for federal courts to abstain from deciding the constitutionality of state “man-woman marriage” statutes until the state court review process is completed, and (2) section 3 of the federal Defense of Marriage Act is constitutional.
I. BACKGROUND
This suit tests the constitutionality of California’s man-woman marriage laws and the federal Defense of Marriage Act. The facts are agreed. Each of the Plaintiffs is an adult male, desiring and intending to enter into a civil marriage with each other in the State of California. In February 2004, and again in March 2004, Plaintiffs applied for a .marriage license from the County Clerk, Orange County, California. On both occasions, the Clerk refused to issue a marriage license because Plaintiffs are of the same sex. In all other respects, Plaintiffs meet the qualifications for issuance of a marriage license. Earlier, in 2000, Plaintiffs applied for and received a Declaration of Domestic Partnership from the State of California.