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Couple
challenges marriage law
By
David Whisler
Online Forty-Niner
Staff Writer
In
the wake of recent bans across the country
on same-sex marriage, one Orange County
couple is taking the matter into their own
hands.
Christopher
Hammer and Arthur Smelt, of Mission Viejo,
have asked a judge to overturn state and
federal marriage laws they say discriminate
against them.
Last
year, the couple applied for a marriage
license in Orange County, which was denied
under both California and federal laws.
The
couple's lawyer, Richard Gilbert is arguing
that the laws violate their civil rights,
and likens their situation to racial discrimination.
At
present, California only recognizes marriages
between a man and a woman. Lawyers for the
state and county have argued that Hammer
and Smelt have not proven they are being
discriminated against.
U.S.
District Judge Gary Taylor refused to issue
an immediate ruling. After hearing arguments
from all sides, he said he would be taking
some time to consider his decision. If Taylor
rules in favor of the couple, the ruling
could achieve a victory for same-sex marriage
rights nationwide.
The
two laws in play on the issue are the California
Defense of Marriage Act, also known as the
Knight Initiative, passed in 2000 and the
federal Defense of Marriage Act, passed
in 1996.
This
case is one of a handful that challenges
both the state and federal laws.
The
federal Defense of Marriage Act allows each
state to determine whether or not it will
allow same-sex unions, it also gives individual
states the right to refuse to honor any
same-sex marriage granted by another state.
To date, Hawaii and Vermont have received
the most attention for their pro same-sex
marriage stance.
"It
is an important civil rights battle,"
CSULB women's studies professor Jennifer
Reed said.
The
city of San Francisco made history last
year when its mayor began to issue marriage
licenses to gay couples. Those marriages
were later deemed unconstitutional by California's
state supreme court.
In
November, a record 10 states passed bans
on same-sex marriage.
Just
last week, New York's supreme court struck
down their ban, calling the law unconstitutional.
If the ruling holds on appeal, it could
make gay marriage legal in all five boroughs
of New York.
Reed
went on to say that she hopes to see many
more challenges to the laws in the future.
"No
law should determine who you can love and
build a life with," CSULB public relations
senior Janina Quintana said.""We
are taught to be tolerant of different lifestyles
and respect diversity, we need to practice
what we've learned."
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