Case: Smelt v. County of Orange

8:04-cv-01042 | U.S. District Court for the Central District of California

Filed Date: Sept. 1, 2004

Closed Date: 2008

Clearinghouse coding complete

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 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 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.

Summary Authors

Megan Dolan (10/9/2014)

Eric Cole (7/30/2015)

Related Cases

Smelt v. United States, Central District of California (2009)

People


Judge(s)

Carter, David O. (California)

Fernandez, Ferdinand Francis (California)

Goldman, Marc L (California)

Taylor, Gary L. (California)

Attorneys(s) for Plaintiff

Gilbert, Richard C. (California)

Marlowe, Diane J. (California)

Attorneys(s) for Defendant

Beckington, Mark R. (California)

Bedell, Jeffrey I. (California)

Krueger, Christopher E. (California)

Maksoudian, Teri L. (California)

Judge(s)

Carter, David O. (California)

Fernandez, Ferdinand Francis (California)

Goldman, Marc L (California)

Taylor, Gary L. (California)

Attorneys(s) for Plaintiff

Gilbert, Richard C. (California)

Marlowe, Diane J. (California)

Attorneys(s) for Defendant

Beckington, Mark R. (California)

Bedell, Jeffrey I. (California)

Krueger, Christopher E. (California)

Maksoudian, Teri L. (California)

Mosley, Jerald I. (California)

Patel, Hiren M. (California)

Wilson, Bobbie J. (California)

Other Attorney(s)

Babion, Byron J. (Arizona)

Bomse, Stephen V. (California)

Bull, Benjamin W. (Arizona)

Chhabria, Vince (California)

Davidson, Jon Warren (California)

DeNatale, Richard J. (California)

Fienen, Chandra Miller (California)

Heckmann, Ross S. (California)

Joslin, Courtney (California)

Kaiser, Sherri Sokeland (California)

Kim, Sam (California)

Lavy, Glen (Arizona)

Lindevaldsen, Rena M (Florida)

Margolin, Amy E. (California)

McAlister, Mary Elizabeth (Virginia)

Milam, Karen Dean (California)

Minter, Shannon (California)

Parker, Michael L. (California)

Pizer, Jennifer Carol (California)

Schowengerdt, Dale (Arizona)

Simpson, W. Scott (District of Columbia)

Van Riper, Marianne (California)

Documents in the Clearinghouse

Document

Docket

Smelt v. Orange County

Sept. 4, 2008 Docket
127

Administrative Orders Concerning Filed Order and Judgment

June 16, 2005 Order/Opinion
127

District Court Order on Cross-Motions for Summary Judgment; Judgment

347 F.Supp.2d 861

June 16, 2005 Order/Opinion

Opinion of the U.S. Court of Appeals, Ninth Circuit

U. S. Court of Appeals for the Ninth Circuit

447 F.3d 673

May 5, 2006 Order/Opinion

Opinion [Denying Petition for Writ of Certiorari]

Supreme Court of the United States

127 S.Ct. 396

Oct. 10, 2006 Order/Opinion
152

Order Dismissing Case Pursuant to Ninth Circuit Order

Aug. 29, 2008 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against Defendants County Clerk, DOES 1 through 10, Orange County of (Filing fee $150), filed by Plaintiff Christopher David Hammer, Arthur Bruno Smelt.(th) (Entered: 09/14/2004)

Sept. 1, 2004
2

CERTIFICATE AND NOTICE of Interested Parties filed by Plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (th) (Entered: 09/14/2004)

Sept. 1, 2004

20 DAYS Summons Issued re Complaint − (Discovery) 1 as to County Clerk, DOES 1 through 10, Orange County of. (th) (Entered: 09/14/2004)

Sept. 1, 2004
3

MINUTES [ In Chambers] by Judge Gary L. Taylor :,, Status Conference set for 9/30/2004 02:00 PM before Honorable Gary L. Taylor. Defendants responsive pleading is vacated and a new responsive pleading date to be set at the status conference.Court Reporter: none. (dmjr, ) (Entered: 09/23/2004)

Sept. 21, 2004
4

FIRST AMENDED COMPLAINT against defendants Michael Rodrian, County Clerk, DOES, Orange County of amending Complaint − (Discovery) 1 ,filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt (dmjr, ) (Entered: 09/27/2004)

Sept. 24, 2004

20 day Summons Issued re first Amended Complaint 4 as to County Clerk, DOES, Orange County of, Michael Rodrian. (dmjr, ) (Entered: 09/27/2004)

Sept. 24, 2004
5

Certification and notice of Interested Parties filed by Plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (dmjr, ) (Entered: 09/27/2004)

Sept. 24, 2004
6

ORDER by Judge Gary L. Taylor, The students application of Peggy Levenzon−Tuchman to appear in this case is hereby granted. Participation limited to assisting trial attorney.(dmjr, ) (Entered: 10/07/2004)

Oct. 6, 2004
7

MINUTES OF In Chambers proceeding by Gary L. Taylor : The Court authorizes the parties to invite qualified amicus participants to file briefs concerning the issues to be determined in this case. Court Reporter: none present. (esa, ) (Entered: 10/15/2004)

Oct. 14, 2004
9

CERTIFICATION TO ATTORNEYS GENERAL AND NOTIFICATION OF OPPORTUNITY TO INTERVENEORDER by Judge Gary L. Taylor:( See Document for details )(esa, ) (Entered: 10/15/2004)

Oct. 14, 2004
10

MINUTES OF In Chambers Order by Judge Gary L. Taylor : The Court orders the parties to attempt to agree to a short, simple statement of facts, which will frame the issues presented in this case. Attached is the Court's draft fo a suggested statement. Unless a statement is earlier agreed upon, the Court will settle a statement of facts at the 11/22/04 hearing. Court Reporter: none present. (esa, ) (Entered: 10/15/2004)

Oct. 14, 2004
11

NOTICE OF CLERICAL ERROR Re: Minute Order, Amicus Participation: Scanned document not sent to Teri Maksoudian and Marianne Van Riper. (esa, ) (Entered: 10/21/2004)

Oct. 21, 2004
12

NOTICE OF CLERICAL ERROR Re: Sceduling Order: Scanned document No. 8 not sent to noticed parties Teri Maksoudian and Marianne Van Riper (esa, ) (Entered: 10/21/2004)

Oct. 21, 2004
13

NOTICE OF CLERICAL ERROR Re: Certification to Attorneys General, and Notification of Opportunity to Intervene: Scanned document No. 9 not sent to noticed parties Teri Maksoudian and Marianne Van Riper (esa, ) (Entered: 10/21/2004)

Oct. 21, 2004
14

NOTICE OF CLERICAL ERROR Re: Minute Order, Agreed Statement of Facts: Scanned document No. 10 not sent to noticed parties Teri Maksoudian and Marianne Van Riper. (esa, ) (Entered: 10/21/2004)

Oct. 21, 2004
17

NOTICE OF MOTION AND MOTION to Intervene as party defendant filed by Intevenors Campaign for California Families. Motion set for hearing on 11/15/2004 at 10:00 AM before Honorable Gary L. Taylor. (pj, ) (Entered: 10/27/2004)

Oct. 22, 2004
18

MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION to Intervene 17 filed by Intervenor Campaign for California Families. (pj, ) (Entered: 10/27/2004)

Oct. 22, 2004
19

DECLARATION of RENA M LINDEVALDSEN re MOTION to Intervene 17 filed by Intervenors Campaign for California Families. (pj, ) (Entered: 10/27/2004)

Oct. 22, 2004
20

PROOF OF SERVICE filed by Intervenors Campaign for California Families. re 17 MOTION to Intervene, 18 Memorandum in Support of Motion, 19 Declaration (Motion related), was served on 10/21/2004. (pj, ) (Entered: 10/27/2004)

Oct. 22, 2004
33

DECLARATION of Randy Thomasson in support of MOTION to Intervene 17 filed by intervenor Campaign for California Families. (dmjr, ) (Entered: 10/29/2004)

Oct. 22, 2004
15

MINUTES [ In Chambers]by Judge Gary L. Taylor : court extended to 10/29/04 the time for the named state parties to enter an appearance. Brief page limit shall be 40 pages (dmjr, ) (Entered: 10/26/2004)

Oct. 25, 2004
16

Certification and notice of Interested Parties by intervenor Proposition 22 Legal Defense and Education Fund (dmjr, ) (Entered: 10/27/2004)

Oct. 26, 2004
26

NOTICE OF MOTION AND MOTION to Intervene.. proposed answer filed by intervenor Proposition 22 Legal Defense and Education Fund. Motion set for hearing on 11/1/2004 at 11:00 AM before Honorable Gary L. Taylor. (dmjr, ) (Entered: 10/29/2004)

Oct. 26, 2004
27

MEMORANDUM in Support of MOTION to Intervene 26 filed by intervenor Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 10/29/2004)

Oct. 26, 2004
29

DECLARATION of M W Bucher in support of MOTION to Intervene 26 filed by intervenor Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 10/29/2004)

Oct. 26, 2004
30

DECLARATION of Natalie Williams in support of MOTION to Intervene 26 filed by intervenor Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 10/29/2004)

Oct. 26, 2004
31

DECLARATION of Dana Cody in support of MOTION to Intervene 26 filed by intervenor Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 10/29/2004)

Oct. 26, 2004
32

DECLARATION of David Bauer in support of MOTION to Intervene 26 filed by intervenor Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 10/29/2004)

Oct. 26, 2004
42

NOTIFICATION OF INTERVENTION filed by Defendant−Intervenor UNITED STATES OF AMERICA; lodged proposed order. (esa, ) (Entered: 11/02/2004)

Oct. 26, 2004
21

MINUTES [ In Chambers] by Judge Gary L. Taylor :, Reset Deadlines as to 17 MOTION to Intervene. Motion set for hearing on 11/1/2004 at 11:00 AM before Honorable Gary L. Taylor. Intervenors invited to appear in person or by phone. Court will discuss whether the Campaign and Fund should participate more appropriately by intervention or amicusCourt Reporter: none. (dmjr, ) (Entered: 10/28/2004)

Oct. 27, 2004
22

Certification and notice of Interested Parties filed by Defendants County Clerk, Orange County of. (dmjr, ) (Entered: 10/28/2004)

Oct. 27, 2004
23

ANSWER to first Amended Complaint 4 filed by defendants County Clerk, Orange County of.(dmjr, ) (Entered: 10/28/2004)

Oct. 27, 2004
24

PROOF OF SERVICE Executed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt, upon Michael Rodrian served on 10/4/2004, answer due 10/24/2004. The Summons and Complaint were served by personal service service, by unspecified statute, upon Tim Conforth, per policies and procedures. Due Dilligence declaration not attached. Original Summons not returned. (dmjr, ) (Entered: 10/28/2004)

Oct. 27, 2004
25

PROOF OF SERVICE filed by plaintiffs re 4 Amended Complaint, was served on 10/5/04 on CA Deprartment of Health Services upon Tim Cornforth, agent for service. (dmjr, ) (Entered: 10/29/2004)

Oct. 27, 2004
37

APPLICATION AND ORDER of Non−Resident Attorney to Appear in a Specific Case by Byron J Babione for Proposition 22 Legal Defense and Education Fund, designating Sam Kim as local counsel. Fee paid. Approved by Judge Gary L. Taylor.(dmjr, ) (Entered: 11/01/2004)

Oct. 28, 2004
38

OPPOSITION to MOTION to Intervene 26 filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (pj, ) (Entered: 11/01/2004)

Oct. 28, 2004
39

OPPOSITION to MOTION to Intervene 26 filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (pj, ) (Entered: 11/01/2004)

Oct. 28, 2004
34

ANSWER to Amended Complaint 4 filed by defendant Michael Rodrian.(dmjr, ) (Entered: 11/01/2004)

Oct. 29, 2004
35

Certification and notice of Interested Parties filed by Defendant Michael Rodrian. (dmjr, ) (Entered: 11/01/2004)

Oct. 29, 2004
36

NOTICE of Association of Counsel associating attorney Richard C Gilbert on behalf of Plaintiffs Christopher David Hammer, Arthur Bruno Smelt. Filed by plaintiff attorney (dmjr, ) (Entered: 11/01/2004)

Oct. 29, 2004
53

STATEMENT of non−opposition to MOTION to Intervene by Campaign for California Families 17 filed by defendant−intervenor United States Of America. (mt, ) (Entered: 11/09/2004)

Oct. 29, 2004
44

MINUTES OF Status Conference held before Judge Gary L. Taylor :, intervenor motions are taken under submission, tentative ruling attachedCourt Reporter: 11/1/04. (dmjr, ) (Entered: 11/03/2004)

Nov. 1, 2004
46

NOTICE OF MOTION AND MOTION to abstain by defendants State Registrar of Vital Statistics and Department Health Services. Motion set for hearing on 11/22/2004 at 10:00 AM before Honorable Gary L. Taylor. (mg, ) (Entered: 11/08/2004)

Nov. 1, 2004
47

MEMORANDUM of points and authorities in Support of MOTION for to abstain 46 filed by defendant Michael Rodrian. (mg, ) (Entered: 11/08/2004)

Nov. 1, 2004
48

DECLARATION of Christopher E Krueger in support of MOTION to abstain 46 filed by defendant Michael Rodrian. (mg, ) (Entered: 11/08/2004)

Nov. 1, 2004
49

AMENDED PROOF OF SERVICE filed by defendant Orange County of. 23 Answer to First Amended Complaint, was served on 10/29/04. (mg, ) (Entered: 11/08/2004)

Nov. 1, 2004
50

AMENDED PROOF OF SERVICE filed by defendant Orange County of. 22 Certificate of Interested Parties, was served on 11/1/04. (mg, ) (Entered: 11/08/2004)

Nov. 1, 2004
40

MINUTES OF Status Conference held before Judge Gary L. Taylor : court signs order granting intervention by the US.Order by Judge Gary L. Taylor granting MOTION to Intervene 26 , MOTION to Intervene 17 , parties to comply with scheduling order. Parties relieved to file separate statement concerning cross−motions for summary judgment, but may brief the merits. Court Reporter: D Parker. (dmjr, ) (Entered: 11/02/2004)

Nov. 2, 2004
41

APPLICATION AND ORDER of Non−Resident Attorney to Appear in a Specific Case by Rena M Lindevaldsen for Campaign for California Families, designating R S Heckmann as local counsel. Fee paid. Approved by Judge Gary L. Taylor.(dmjr, ) (Entered: 11/02/2004)

Nov. 2, 2004
43

ORDER by Judge Gary L. Taylor granting in tervention by United States Of America rep by W Scott Simpson added. The US shall file its dispositive motion no later than 12/6/04, counsel may participate in the status conference of 11/1/04 by phone.(dmjr, ) (Entered: 11/03/2004)

Nov. 2, 2004
45

MINUTES [ In Chambers] by Judge Gary L. Taylor : court grants one additional day, until 11/9/04 to file any opposition briefs to the motion to abstain. Reply briefs extended one day to 11/16/04Court Reporter: none. (dmjr, ) (Entered: 11/08/2004)

Nov. 5, 2004
51

ANSWER to Amended Complaint 4 filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund.(dmjr, ) (Entered: 11/09/2004)

Nov. 8, 2004
59

STATEMENT of in response to motion to abstain by defendants re MOTION for Order 46 filed by defendant−intervenor UNITED STATES OF AMERICA. (yc, ) (Entered: 11/15/2004)

Nov. 8, 2004
55

NOTICE OF MOTION AND MOTION for Reconsideration of granting interveners campaign for california families and proposition 232 legal defense and education fund motions to intervene. filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt. Motion set for hearing on 11/22/2004 at 10:00 AM before Honorable Gary L. Taylor. (yc, ) (Entered: 11/15/2004)

Nov. 9, 2004
56

OPPOSITION to MOTION for Order 46 filed by plaintiffs Christopher David

Nov. 9, 2004
58

DECLARATION of Attorney Byron J Babione in opposition to the state's re MOTION for Order 46 filed by plaintiff Proposition 22 Legal Defense and Education Fund. (yc, ) (Entered: 11/15/2004)

Nov. 9, 2004
65

MEMORANDUM of points and authorities in Opposition to MOTION to abstain 46 filed by Proposed Intervenor Campaign for California Families. (pj, ) (Entered: 11/16/2004)

Nov. 9, 2004
66

DECLARATION of RENA M LINDEVALDSEN IN OPPOSITION re MOTION to abstain 46 filed by Intervenor Campaign for California Families. (pj, ) (Entered: 11/16/2004)

Nov. 9, 2004
67

PROOF OF SERVICE filed by Intervenor Campaign for California Families. re 66 Declaration (Motion related), 65 MEMORANDUM in Opposition to Motion, on 11/8/2004 (pj, ) (Entered: 11/16/2004)

Nov. 9, 2004
54

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary L. Taylor ORDERING Motion for Reconsideration submitted by Plaintiffs Christopher David Hammer, Arthur Bruno Smelt received on 11/09/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ln, ) (Entered: 11/10/2004)

Nov. 10, 2004
60

APPLICATION for Leave appear as amicus curiae and to File amicus brief in support of defendants motion to abstain filed by amicus curiae San Francisco City and County. Lodged order, brief. (dmjr, ) (Entered: 11/16/2004)

Nov. 10, 2004
61

ORDER by Judge Gary L. Taylor : granting 60 Application for Leave (dmjr, ) (Entered: 11/16/2004)

Nov. 10, 2004
62

BRIEF FILED filed by amicus curiae San Francisco City and County. regarding MOTION for Order 46 . (dmjr, ) (Entered: 11/16/2004)

Nov. 10, 2004
63

Motion and ORDER by Judge Gary L. Taylor,granting leave to file an amicus brief(dmjr, ) (Entered: 11/16/2004)

Nov. 10, 2004
64

PROOF OF SERVICE San Francisco City and County.application for leave to appear amicus curiae was served on 11/10/2004. (pj, ) (Entered: 11/16/2004)

Nov. 10, 2004
68

PROOF OF SERVICE filed by Amici Curiae Phyllis Lyon and Del Martin, Lancy Wood and Christy Chung et al request for leave to file an amicus brief and brief was served on 10/10/2004. (pj, ) (Entered: 11/16/2004)

Nov. 10, 2004
69

BRIEF re MOTION for Order 46 filed by amici curiae P Lyon and D Martin, et al. (dmjr, ) (Entered: 11/17/2004)

Nov. 10, 2004
71

OBJECTION TO THE WOO AMICI AND MARRIAGE CASES Joint Motion for Leave to File 60 filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (pj, ) (Entered: 11/17/2004)

Nov. 12, 2004
72

OBJECTION TO CITY AND COUNTY OF SAN FRANCISCO MOTION for Leave to File 60 filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (pj, ) (Entered: 11/17/2004)

Nov. 12, 2004
70

Certification and notice of Interested Parties filed by Intervenor Plaintiff Campaign for California Families. (dmjr, ) (Entered: 11/17/2004)

Nov. 15, 2004
73

ANSWER to first Amended Complaint 4 filed by intervenor Campaign for California Families.(dmjr, ) (Entered: 11/18/2004)

Nov. 15, 2004
74

DECLARATION of Rena M Lindevaldsen in opposition to plaintiffs MOTION for Reconsideration 55 filed by declaration Campaign for California Families. (mg, ) (Entered: 11/18/2004)

Nov. 15, 2004
75

Notice of Withdrawal of MOTION for Reconsideration 55 filed by plaintiffs (mg, ) (Entered: 11/18/2004)

Nov. 16, 2004
77

REPLY in support of MOTION to abstain 46 filed by defendant Michael Rodrian. (mg, ) (Entered: 11/18/2004)

Nov. 16, 2004
78

SUPPLEMENTAL DECLARATION of Christopher E Krueger in support of MOTION to abstain 46 filed by defendant Michael Rodrian. (mg, ) (Entered: 11/18/2004)

Nov. 16, 2004
79

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary L. Taylor ORDERING answer submitted by Intervenor Plaintiff Campaign for California Families received on 11/16/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(dmjr, ) (Entered: 11/18/2004)

Nov. 17, 2004
81

DECLARATION of Byron J Babione in opposition to San Francisco and the Woo Plaintiffs' Amicus Brief in support of the State's MOTION for Order 46 to abstain filed by defendant Proposition 22 Legal Defense and Education Fund. (esa, ) (Entered: 11/24/2004)

Nov. 18, 2004
82

MEMORANDUM OF LAW in opposition to San Francisco and Woo Plaintiffs' Amicus Briefs in support of State's MOTION for Order 46 to abstain filed by defendant Proposition 22 Legal Defense and Education Fund. (esa, ) (Entered: 11/24/2004)

Nov. 18, 2004
80

MINUTES OF Order by Judge Gary L. Taylor taking under submission MOTION for Order 46 until the merits hearing in January 2005.Court Reporter: none. (dmjr, ) (Entered: 11/23/2004)

Nov. 22, 2004
83

MINUTES OF Motion Hearing held before Judge Gary L. Taylor : re MOTION for Reconsideration 55 previously withdrawn is off−calendar, MOTION for Order 46 taken under submission. Evidentiary hearing vacatedCourt Reporter: W Stephenson. (dmjr, ) (Entered: 11/29/2004)

Nov. 22, 2004
84

Notice of Interested Parties filed by Intervenor Plaintiff Campaign for California Families. (dmjr, ) (Entered: 11/30/2004)

Nov. 23, 2004
86

NOTICE OF MOTION AND MOTION for Summary Judgment, memorandum filed by defendants Orange County of, County Clerk. Motion set for hearing on 1/27/2005 at 09:00 AM before Honorable Gary L. Taylor. (dmjr, ) (Entered: 12/16/2004)

Dec. 6, 2004
87

NOTICE of lodging of index and authorities filed by defendants Orange County of, County Clerk. (dmjr, ) (Entered: 12/16/2004)

Dec. 6, 2004
88

NOTICE OF MOTION AND MOTION for Summary Judgment, alternatively MOTION for Partial Summary Judgment filed by defendant Michael Rodrian. Motion set for hearing on 1/17/2004 at 09:00 AM before Honorable Gary L. Taylor. (dmjr, ) (Entered: 12/17/2004)

Dec. 6, 2004
89

MEMORANDUM in Support of MOTION for Summary Judgment MOTION for Partial Summary Judgment 88 filed by defendant Michael Rodrian. (dmjr, ) (Entered: 12/17/2004)

Dec. 6, 2004
90

DECLARATION of C E Krueger re MOTION for Summary Judgment MOTION for Partial Summary Judgment 88 filed by defendant Michael Rodrian. (dmjr, ) (Entered: 12/17/2004)

Dec. 6, 2004
91

NOTICE OF MOTION AND MOTION for Summary Judgment, memorandum filed by intervenor defendant United States Of America. Motion set for hearing on 1/27/2005 at 09:00 AM before Honorable Gary L. Taylor. (dmjr, ) (Entered: 12/17/2004)

Dec. 6, 2004
92

EXHIBITS Filed filed by Intervenor Defendant United States Of America. as to MOTION for Summary Judgment 91 . (dmjr, ) (Entered: 12/17/2004)

Dec. 6, 2004
93

NOTICE OF MOTION AND MOTION for Summary Judgment filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund. Motion set for hearing on 1/27/2004 at 09:00 AM before Honorable Gary L. Taylor. Lodged order, statement. (dmjr, ) (Entered: 12/22/2004)

Dec. 6, 2004
94

MEMORANDUM in Support of MOTION for Summary Judgment 93 filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 12/22/2004)

Dec. 6, 2004
95

DECLARATION of B J Babione re MOTION for Summary Judgment 93 filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 12/22/2004)

Dec. 6, 2004
85

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary L. Taylor ORDERING summary judgment motion submitted by Intervenor Defendant UNITED STATES OF AMERICA received on 12/6/4 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(dmjr, ) (Entered: 12/08/2004)

Dec. 7, 2004
96

AMENDED DOCUMENT filed by Defendant Michael Rodrian. Amendment to Memorandum in Support of Motion 89 (dmjr, ) (Entered: 12/22/2004)

Dec. 7, 2004
97

REVISED MEMORANDUM in Support of MOTION for Summary Judgment 86 , MOTION for Summary Judgment MOTION for Partial Summary Judgment 88 , MOTION for Summary Judgment 93 , MOTION for Summary Judgment 91 filed by intervenor plaintiff Campaign for California Families. (dmjr, ) (Entered: 12/22/2004)

Dec. 8, 2004
98

DECLARATION of R M Lindevaldsen re MOTION for Summary Judgment 86 , MOTION for Summary Judgment MOTION for Partial Summary Judgment 88 , MOTION for Summary Judgment 93 , MOTION for Summary Judgment 91 filed by intervenor plaintiff Campaign for California Families. (dmjr, ) (Entered: 12/22/2004)

Dec. 8, 2004
99

APPENDIX of exhibits filed by Intervenor Plaintiff Campaign for California Families. Re: Memorandum in Support of Motion, 97 (dmjr, ) (Entered: 12/22/2004)

Dec. 8, 2004
100

PROOF OF SERVICE filed by intervenor plaintiff Campaign for California Families. re Memorandum in Support of Motion, 97 , Declaration (Motion related), Declaration (Motion related) 98 , Appendix 99 , was served on 12/7/04. (dmjr, ) (Entered: 12/22/2004)

Dec. 8, 2004
101

AMENDED PROOF OF SERVICE filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund. re MOTION for Summary Judgment 93 , Memorandum in Support of Motion 94 , Declaration (Motion related) 95 , was served on 12/7/04. (dmjr, ) (Entered: 12/22/2004)

Dec. 8, 2004
102

PROOF OF SERVICE filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund. re MOTION for Summary Judgment 93 , Memorandum in Support of Motion 94 , Declaration (Motion related) 95 , was served on 12/6/04. (dmjr, ) (Entered: 12/22/2004)

Dec. 10, 2004
103

NOTICE OF MOTION AND MOTION for Summary Judgment, memorandum and opposition to all defendants and intervenors motions for summary judgment filed by plaintiffs Arthur Bruno Smelt, Christopher David Hammer. Motion set for hearing on 1/27/2005 at 09:00 AM before Honorable Gary L. Taylor. Lodged order, statement. (dmjr, ) (Entered: 12/27/2004)

Dec. 17, 2004

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Sept. 1, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two men who wanted to marry each other in the state of California.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Orange, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Full faith and credit

Equal Protection

Availably Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male