Arthur Smelt & Christopher Hammer v. USA & State of CA.
OK, so this has been hardly reported, but it is essentially the kind of lawsuit that could be our equivalent of Loving v. Virginia.
The Plaintiffs were married in California BEFORE Prop 8 (presently their marriage - and that of over 18,000+ others - is in limbo, hence the lawsuit), and are claiming that Prop 8 and banning gay marriage, you know, VIOLATES OUR CONSTITUTIONAL RIGHTS.
The lawsuit was filed last December in state court, but has since moved to federal court in March. Essentially, they are asking a federal court to invalidate Prop 8 and other “gender neutral” language in all marriage-related legislation. Since they’re gonna’ go for it, why not go all the way (pun intended)? They are also asking to repeal all state bans on same-sex marriage as well as the Defense of Marriage Act?
Their summarized arguments are as follows (thanks to Gather.com):
1. The refusal of California and other states and the federal government to recognize a lawful, same sex marriage results in denial of thousands of rights, protections, and responsibilities that are automatically bestowed on opposite sex couples.
2. The denial of full recognition of same sex marriage in other states denies same sex couples the right to travel and establish residency in other states.
3. DOMA is gender specific and denies recognition of a legal same sex marriage on a federal level.
4. DOMA provides that states do not need to recognize a lawful same sex marriage from another state, therefore restricting rights to same sex couples to specific jurisdictions in contrast to opposite sex couples which have no similiar hindrances.
How DARE they? The unmitigated audacity! We can just see the conservatives foaming at the mouth like mad cows.
It only took one courageous couple to change the laws of the entire USA, perhaps they might be able to do the same. If the toppling of states like dominoes doesn’t beat them first. However, some of us are betting it will eventually end up in the Supreme Court, one way or another…and eventually end up granting GLBT people equal rights.
One day, everyone else will recognize how horrible the discrimination was, and that such is what it was.




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