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CCF Seeks to Defend Fresh Challenge Against Ca. Marriage Laws

If the motion to intervene is granted, briefs will be heard in December and oral arguments on Jan. 27, 2005
( [email protected] ) Oct 22, 2004 05:25 PM EDT

The conservative group which won full party status last week to defend California’s marriage law against legal challenges is also seeking to intervene in recently filed suit against the state’s marriage law and Federal Defense of Marriage Act.

Mathew D. Staver, President and General Counsel of Liberty Counsel and Rena Lindevaldsen, Senior Litigation Counsel, filed a motion on behalf of Campaign for California Families to defend California Marriage Laws and the Federal DOMA in a suit filed by Arthur Smelt and Christopher Hammer against an Orange County Clerk.


Smelt and Hammer argue that the two laws violate their rights to Equal Protection, Due Process, Privacy and Freedom of Speech provisions under the United States Constitution.

“Liberty Counsel will fight to preserve the rights of the citizens of California who voted overwhelmingly to preserve the definition of marriage as one man and one woman,” stated Staver.

“Their choice to protect marriage should not be overturned by any attempted political, back-door legal maneuverings of special interest groups. The people of California have spoken to protect the traditional definition of marriage. We will fight to protect that voice.”

If the motion to intervene is granted, briefs will be heard in December and oral arguments on Jan. 27, 2005, according to an expedited schedule set by Judge Gary Taylor.

Campaign for California Families is also involved in consolidated challenges to the state's marriage laws. It will join Proposition Legal Defense Fund and the office of Attorney General Bill Lockyer in defending the constitutionality of the California voter-passed initiative defining marriage between one man and woman.