Orange County, California – Liberty Counsel has filed a brief in federal court defending the constitutionality of the state’s marriage laws and the Federal Defense of Marriage Act. In Smelt v. Orange County, a same-sex couple filed suit in federal court challenging the state’s marriage laws, claiming the laws violate their federal constitutional right to due process and equal protection. Mathew D. Staver, President and General Counsel of Liberty Counsel, and Rena Lindevaldsen, Senior Litigation Counsel of Liberty Counsel, represent Campaign for California Families (“CCF”). CCF was granted the right to intervene to defend the case.

In the 38-page brief, Liberty Counsel argued that the state has the right to limit marriage to the union of one man and one woman in order to promote the ideal setting to raise children. Same-sex marriage would send the message that children do not need a father and a mother. The fact is, however, that on average, children suffer when they lack a mom and a dad. To grant same-sex marriage would undermine the most basic, fundamental institution upon which our society rests. The brief also argues that the Federal Defense of Marriage Act, which allows states to reject same-sex marriages from other states, is constitutional. The Court will hear arguments in the case on January 27, 2005.

Liberty Counsel is also defending California’s marriage laws in the consolidated state court cases in San Francisco. Liberty Counsel is directly involved in defending more than thirty marriage cases throughout the country.

Staver stated, “There is a direct correlation between marriage and the security of our future society. Same-sex marriage would destroy marriage and hurt children.”