New Player in Marriage Ban Suit
The U.S. Department of Justice has asked to intervene in a lawsuit filed by a Mission Viejo couple who contend that federal and state bans on same-sex marriage are unconstitutional.
A Department of Justice attorney filed a motion this week to intervene in response to an Oct. 14 invitation from U.S. District Judge Gary Taylor in Santa Ana to join the defense side.
Christopher Hammer and Arthur Smelt, both 45, are the first couple to file a suit challenging marriage laws in federal court in California. Other challenges have been filed in state courts.
The men want an order requiring Orange County to issue them a marriage license on the basis that the laws against same-sex marriage violate the due process and equal protection clauses of the 14th Amendment.
Their goal is to take the case to the U.S. Supreme Court.
Similar suits have been filed in federal court in Florida and Washington state.
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