The Daily Breeze
Thursday, January 27, 2005
Gay marriage fight shifts to Southern California
Mission Viejo partners' case contends bans violate civil rights as did slavery and denying the right to vote.
By Ben Fox
THE ASSOCIATED PRESS
They filed their lawsuit almost as an afterthought. But a legal challenge by a gay couple from Mission Viejo against laws banning same-sex marriage has suddenly become an important case in a thinning field of litigation on the issue.
Christopher Hammer and Arthur Smelt plan to be in U.S. District Court today as their attorney argues that the federal Defense of Marriage Act and California's Proposition 22 are violations of civil rights akin to slavery or denying women the right to vote.
The hearing comes two days after gay couples in Florida decided to drop their lawsuits, leaving the California case as the only federal court challenge to the Defense of Marriage Act.
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