Another Legal Victory for Traditional Marriage as Challenge to Proposition 8 is Tossed by Federal Judge
July 17, 2009
SACRAMENTO—A federal judge granted another strong legal victory for Proposition 8 today by throwing out the challenge that directly attempted to overturn the measure on federal constitutional grounds.
United States District Court Judge David Carter threw out the challenge to Proposition 8 and dismissed the state of California as a defendant in the case of Smelt vs. United States. The judge indicated in his ruling that since the plaintiffs in the case were legally married before the enactment of Proposition 8, and because the California State Supreme Court recently held that such marriages would remain intact, they had no “injury” or standing to challenge the measure. Portions of the case challenging the federal Defense of Marriage Act (DOMA) will be heard in August.
“This is another great day for marriage in California,”, said Andrew Pugno, Chief Legal Counsel for ProtectMarriage.com, the official campaign committee for Proposition 8 and for the proponents of the measure. “The twice-expressed will of the people of California for traditional marriage is under assault from many lawsuits, but our recent string of victories in both state and federal courts is very gratifying.”
The challenge to the Federal DOMA law will move forward with the U.S, Department of Justice as the official defendant. The next hearing is scheduled for August 3.
“ProtectMarriage.com will continue to fight for marriage and fight to defend the will of the people, no matter what course and no matter what legal theory they conjure up,” said Pugno.