Smelt
Smelt v. County of Orange
Opinion
Lead Opinion
Fernandez, J.
Arthur Bruno Smelt and Christopher David Hammer, two men who wish to marry each other, appeal the district court’s orders 1 which (a) abstained as to their claim that three sections of the California law relating to marriage are unconstitutional, 2 and (b) ruled adversely to them on their claims that two sections of the Federal Defense of Marriage Act (DOMA) 3 are likewise unconstitutional. We affirm in part, reverse in part, and remand for dismissal of both DOMA claims.
BACKGROUND
It is agreed: Smelt and Hammer are both males who wish to obtain a California marriage license and to marry each other in that state. They applied to the County Clerk of Orange County, California, for issuance of a marriage license on two occasions. They were denied a license both times “because [they] are of the same gender.” Were it not for that, “[they] meet the qualifications for issuance of a marriage license. [They] applied for and received a Declaration of Domestic Partnership from the State of California dated January 10, 2000.”
Smelt and Hammer then brought this action against the County of Orange and the Orange County Clerk (collectively the County); and the State Registrar of Vital…
Concurring Opinion
Farris, J.
concurrence:
I concur in the result.
Opinion
BACKGROUND
It is agreed: Smelt and Hammer are both males who wish to obtain a California marriage license and to marry each other in that state. They applied to the County Clerk of Orange County, California, for issuance of a marriage license on two occasions. They were denied a license both times “be- 1 See Smelt v. County of Orange, 374 F. Supp. 2d 861 (C.D. Cal. 2005) (Smelt I). 2 See Cal. Fam. Code §§ 300, 301, 308.5. 3 See Defense of Marriage Act, Pub. L. No. 104-199, §§ 2, 3, 110 Stat. 2419 (1996) (codified at 28 U.S.C. § 1738C, 1 U.S.C. § 7). SMELT v. COUNTY OF ORANGE 5049 cause [they] are of the same gender.” Were it not for that, “[they] meet the qualifications for issuance of a marriage license. [They] applied for and received a Declaration of Domestic Partnership from the State of California dated Janu- ary 10, 2000.”
Smelt and Hammer then brought this action against the County of Orange and the Orange County Clerk (collectively the County); and the State Registrar of Vital Statistics, Cali- fornia Department of Health Services (the State).5 The amended complaint alleged that to the extent that California Family Code sections 300,6 301,7 and…