http://www.msnbc.msn.com/id/6878622/Couple sues to end bans on same-sex marriage California lawsuit one of several challenging state, U.S. prohibitions
Matt A. Brown / AP
Arthur Smelt, left, and partner Christopher Hammer, shown at their lawyer's office in Santa Ana, Calif., want to be married. Their attorney argues that the federal Defense of Marriage Act and California's Proposition 22 are gross violations of civil rights akin to slavery or denying women the vote. The Associated Press
Updated: 11:13 p.m. ET Jan. 27, 2005SANTA ANA, Calif. - Calling gays “the most oppressed minority since slavery,” an attorney for a gay couple urged a judge Thursday to overturn California and federal laws banning same-sex marriage.
The lawsuit is one of only a few challenges to gay marriage bans that are pending in federal court, and the case is being closely watched nationwide.
“It now falls to you to uphold the principles of liberty,” attorney Richard Gilbert told U.S. District Judge Gary Taylor during a five-hour hearing.
The judge, after detailed questioning in the lawsuit filed by Christopher Hammer and Arthur Smelt, said he would not issue an immediate ruling, but would take some time to consider the arguments.
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same story from the Orange County Register:
http://www.timesleader.com/mld/timesleader/news/nation/10753108.htmPosted on Thu, Jan. 27, 2005
California men fight for federally recognized marriage
BY JENIFER B. MCKIM
The Orange County Register
SANTA ANA, Calif. - (KRT) - Two men who are seeking the right to marry in federal court sat through five hours of testimony Thursday in a case that is pitting gay-rights advocates in California against each other.
Christopher Hammer and Arthur Smelt of Mission Viejo say the fact they can't marry violates the U.S. Constitution and they want to settle the matter in federal court.
(snip)
"They have no chance for success," he said. "Even if they did win, then the state Constitution would be amended. This case can only be won in federal court."
But Jennifer C. Pizer, senior counsel for the gay rights group Lambda Legal, said gay-marriage activists have a better chance of winning in state courts, which are more protective of individual rights. If the state petition fails, gay couples could then turn to federal courts, she said.
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