Legal Opinion
Smelt v. County of Orange
Court of Appeals for the Ninth Circuit
Decided May 5, 2006No. 05-56040PublishedCited by 37 opinions
1Opinion of the Court
FERNANDEZ, Circuit Judge.
Arthur Bruno Smelt and Christopher David Hammer, two men who wish to marry each other, appeal the district court’s orders1 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…
2Cases cited31 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Shaffer v. HeitnerSupreme Court of the United States · 1977
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3Cited by37 opinions
- Obergefell v. HodgesSupreme Court of the United States · 2015
- In Re Marriage CasesCalifornia Supreme Court · 2008
- Cholakyan v. MERCEDES-BENZ USA, LLCDistrict Court, C.D. California · 2011
- Andersen v. King CountyWashington Supreme Court · 2006
- United States v. LazarenkoCourt of Appeals for the Ninth Circuit · 2007
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