Legal Opinion

Smelt v. County of Orange

District Court, C.D. California

Decided June 16, 2005No. SACV04-1042-GLT(MLGX)PublishedCited by 16 opinions

1Opinion of the Court

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…

2Cases cited70 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  3. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  4. Turner v. SafleySupreme Court of the United States · 1987
  5. County of Sacramento v. LewisSupreme Court of the United States · 1998

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3Cited by16 opinions

  1. Obergefell v. HodgesSupreme Court of the United States · 2015
  2. Andersen v. King CountyWashington Supreme Court · 2006
  3. Bishop v. United States ex rel. HolderDistrict Court, N.D. Oklahoma · 2014
  4. Smelt v. County of OrangeCourt of Appeals for the Ninth Circuit · 2006
  5. Wolf v. WalkerDistrict Court, W.D. Wisconsin · 2014

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