Arthur Bruno SMELT; Christopher David Hammer, Plaintiffs-Appellants,
v.
COUNTY OF ORANGE, California; County Clerk, for the County of Orange; Michael Rodrian, in his official capacity as State Registrar of Vital Statistics, California Department of Health Services; United States of America; Defendants-Appellees,
Proposition 22 Legal Defense and Education Fund; Campaign for California Families, Defendant-Intervenors-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted April 4, 2006.
Filed May 5, 2006.
Attorney(s) appearing for the Case
Richard C. Gilbert, Diane J. Marlowe, Law Offices of Gilbert & Marlowe, Santa Ana, CA, for the plaintiffs-appellants.
Teri L. Maksoudian, Santa Ana, CA, for County of Orange and County Clerk of Orange County; Christopher E. Krueger, Office of the Attorney General, Sacramento, CA, for the State Registrar of Vital Statistics and the California Department of Health Services; August E. Flentje and Gregory G. Katsas (argued), U.S. Department of Justice, Civil Division, Washington, DC, for the United States of America, defendants-appellees.
Byron J. Babione (argued), Glen Lavy, Dale Showengerdt, Benjamin W. Bull, Alliance Defense Fund, Scottsdale, AZ, for Proposition 22 Legal Defense and Education Fund; Rena M. Lindevaldsen, Liberty Counsel, Longwood, FL, for Campaign for California Familes, defendant-intervenors-appellees.
Christopher F. Stoll, Heller Ehrman LLP, San Francisco, CA, for amicus curiae Equality California.
Steven W. Fitschen, Virginia Beach, VA, for amicus curiae National Legal Foundation.
Before FARRIS, FERNANDEZ, and THOMAS, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
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
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