Today in Smelt v. Orange County, federal Judge Gary Taylor upheld the federal Defense of Marriage Act’s (“DOMA”) definition of marriage as “one man and one woman.” The court declined to rule on whether the California marriage laws (including Proposition 22) violate the United States Constitution until after the California courts decide the issue under the California constitution. Last year the court granted Campaign for California Families’ (“CCF”) request to intervene to defend traditional marriage. CCF is represented by attorneys Mathew D. Staver and Rena Lindevaldsen of Liberty Counsel.

The court’s ruling is presented in three parts. First, the court abstained from deciding whether California’s marriage laws violate the federal constitution. The court noted that the challenges being waged in state court under the California constitution should first be resolved. The court retained jurisdiction to hear the case should the California courts uphold the marriage laws under the California constitution.

Second, the court ruled that the same-sex couple, who are not married, have no standing to challenge Section 2 of the federal DOMA. Section 2 provides that no state shall be required to recognize a same-sex union from another jurisdiction. The court noted that the same-sex couple had never obtained a same-sex union from any other jurisdiction.

Third, the court upheld Section 3 of the federal DOMA, which defines marriage as the union of one man and one woman. The opinion concluded that although Section 3 is not a sex based classification, it does classify on the basis of “sexual orientation.” However, Section 3 is constitutional because it passes the “rational basis” test. The court noted that “because procreation is necessary to perpetuate humankind, encouraging the optimal union for procreation is a legitimate government interest. … By excluding same-sex couples from the federal rights and responsibilities of marriage, and by providing those rights and responsibilities only to people in opposite sex marriages, the government is communicating to citizens that opposite sex relationships have special significance.” The court also found there is no fundamental right to same-sex marriage.

Liberty Counsel President and General Counsel Mathew D. Staver stated, “Same-sex marriage is an oxymoron. I am thrilled that the court issued a common sense decision. Surely the state has legitimate interests in preserving marriage as a complementary opposite sex relationship. Traditional marriage is good for children, families and society. Congress should pass a bill to amend the U.S. Constitution to preserve traditional marriage. Marriage should be decided by the people, not the courts.”

Liberty Counsel is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family. Liberty Counsel is directly involved in defending more than thirty marriage cases throughout the country.