Smelt v. County of Orange

ORDER ON CROSS-MOTIONS FOR • SUMMARY JUDGMENT; JUDGMENT

TAYLOR,. District Judge.

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…