University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Smelt v. County of Orange PB-CA-0034
Docket / Court 8:04-cv-01042 ( C.D. Cal. )
State/Territory California
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization Lambda Legal
Case Summary
On September 1, 2004, two men who wished to marry each other in the state of California filed a lawsuit in the United States District Court for the Central District of California under 42 U.S.C. § 1983 against the County of Orange. The plaintiffs, represented by private counsel, asked the court to ... read more >
On September 1, 2004, two men who wished to marry each other in the state of California filed a lawsuit in the United States District Court for the Central District of California under 42 U.S.C. § 1983 against the County of Orange. The plaintiffs, represented by private counsel, asked the court to declare that the California Family Code and the Defense of Marriage Act were unconstitutional.

The plaintiffs brought suit after they were denied a marriage license by the County Clerk of Orange County on two separate occasions because they were both men. The plaintiffs claimed that by not issuing them an application for a marriage license pursuant to California Code the County had violated their rights under the Due Process, Equal Protection, and Full Faith and Credit Clauses of the United States Constitution. The plaintiffs also challenged the federal Defense of Marriage Act (DOMA).

On June 16, 2005, the Court (Judge Gary L. Taylor) issued a ruling on cross-motions for summary judgment. 374 F.Supp.2d 861. First, the Court held that it was proper for the District Court to abstain from judgment on the constitutionality of state law here, as a set of consolidated cases was pending before California state court on this issue (In re Marriage Cases). Second, the Court held that Section 3 of DOMA (defining marriage as opposite-sex for Federal purposes) was constitutional and also denied plaintiffs standing to challenge Section 2 of DOMA (preventing states from recognizing same-sex marriages authorized in other states).

On May 5, 20016, following an appeal by plaintiffs, the Ninth Circuit, in an opinion written by Judge Ferdinand Fernandez, denied the district court's finding that it was proper to abstain from deciding the constitutionality of state law. 447 F.3d 673. The Ninth Circuit also upheld Judge Taylor's determination that plaintiffs lacked standing regarding Section 2 of DOMA, the state-recognition provision. However, the Ninth Circuit reversed the district court regarding Section 3 of DOMA, the definitional provision; the appeals court instead held that plaintiffs did not have a particularized injury, and therefore lacked constitutional standing to challenge this provision as well.

On August 29, 2008, the District Court (Judge David O. Carter) issued an order dismissing the case pursuant to the Ninth Circuit Order. The plaintiffs later brought a related suit against the United States in PB-CA-0035 : Smelt v. United States in 2008.

Megan Dolan - 10/09/2014
Eric Cole - 07/30/2015


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Full faith and credit
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
State law
Defendant(s) County of Orange
Plaintiff Description Two men who wanted to marry each other in the state of California.
Indexed Lawyer Organizations Lambda Legal
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 09/01/2004
Case Closing Year 2008
Case Ongoing No
Case Listing PB-CA-0035 : Smelt v. United States (C.D. Cal.)
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
C.D. Cal.
09/04/2008
8:04−cv−01042
PB-CA-0034-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
C.D. Cal.
06/16/2005
District Court Order on Cross-Motions for Summary Judgment; Judgment [ECF# 127] (347 F.Supp.2d 861)
PB-CA-0034-0001.pdf | WESTLAW| LEXIS | Detail
Source: Westlaw
C.D. Cal.
06/16/2005
Administrative Orders Concerning Filed Order and Judgment [ECF# 127]
PB-CA-0034-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
U.S. Court of Appeals
05/05/2006
Opinion of the U.S. Court of Appeals, Ninth Circuit (447 F.3d 673)
PB-CA-0034-0002.pdf | WESTLAW| LEXIS | Detail
Source: Westlaw
U.S. Supreme Court
10/10/2006
Opinion [Denying Petition for Writ of Certiorari] (127 S.Ct. 396)
PB-CA-0034-0003.pdf | WESTLAW | Detail
Source: Westlaw
C.D. Cal.
08/29/2008
Order Dismissing Case Pursuant to Ninth Circuit Order [ECF# 152]
PB-CA-0034-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Carter, David O. (C.D. Cal.) show/hide docs
PB-CA-0034-0005 | PB-CA-0034-9000
Fernandez, Ferdinand Francis (C.D. Cal., Ninth Circuit) show/hide docs
PB-CA-0034-0002
Goldman, Marc L (C.D. Cal.) [Magistrate] show/hide docs
PB-CA-0034-9000
Taylor, Gary L. (C.D. Cal.) show/hide docs
PB-CA-0034-0001 | PB-CA-0034-0004
Plaintiff's Lawyers Babion, Byron J. (Arizona) show/hide docs
PB-CA-0034-9000
Bull, Benjamin W. (Arizona) show/hide docs
PB-CA-0034-9000
Gilbert, Richard C. (California) show/hide docs
PB-CA-0034-9000
Heckmann, Ross S. (California) show/hide docs
PB-CA-0034-9000
Kim, Sam (California) show/hide docs
PB-CA-0034-9000
Lavy, Glen (Arizona) show/hide docs
PB-CA-0034-9000
Lindevaldsen, Rena M (Florida) show/hide docs
PB-CA-0034-9000
Marlowe, Diane J. (California) show/hide docs
PB-CA-0034-9000
McAlister, Mary Elizabeth (Virginia) show/hide docs
PB-CA-0034-9000
Milam, Karen Dean (California) show/hide docs
PB-CA-0034-9000
Parker, Michael L. (California) show/hide docs
PB-CA-0034-9000
Schowengerdt, Dale (Arizona) show/hide docs
PB-CA-0034-9000
Defendant's Lawyers Beckington, Mark R. (California) show/hide docs
PB-CA-0034-9000
Bedell, Jeffrey I. (California) show/hide docs
PB-CA-0034-9000
Krueger, Christopher E. (California) show/hide docs
PB-CA-0034-9000
Maksoudian, Teri L. (California) show/hide docs
PB-CA-0034-9000
Mosley, Jerald I. (California) show/hide docs
PB-CA-0034-9000
Patel, Hiren M. (California) show/hide docs
PB-CA-0034-9000
Simpson, W. Scott (District of Columbia) show/hide docs
PB-CA-0034-9000
Van Riper, Marianne (California) show/hide docs
PB-CA-0034-9000
Other Lawyers Bomse, Stephen V. (California) show/hide docs
PB-CA-0034-9000
Chhabria, Vince Girdhari (California) show/hide docs
PB-CA-0034-9000
Davidson, Jon Warren (California) show/hide docs
PB-CA-0034-9000
DeNatale, Richard J. (California) show/hide docs
PB-CA-0034-9000
Fienen, Chandra Miller (California) show/hide docs
PB-CA-0034-9000
Joslin, Courtney (California) show/hide docs
PB-CA-0034-9000
Kaiser, Sherri Sokeland (California) show/hide docs
PB-CA-0034-9000
Margolin, Amy E. (California) show/hide docs
PB-CA-0034-9000
Minter, Shannon (California) show/hide docs
PB-CA-0034-9000
Pizer, Jennifer Carol (California) show/hide docs
PB-CA-0034-9000
Wilson, Bobbie J. (California) show/hide docs
PB-CA-0034-9000

- click to show/hide ALL -

new search
page permalink

- top of page -