Liberty Counsel Files Motion to Intervene in California Federal Court to Preserve Traditional Marriage

Oct 22, 2004

Orange County, CA - Today, Liberty Counsel filed a Motion to Intervene in federal court on behalf of the California Campaign for Families ("CCF") to defend the California Family Code Sections 300, 301, and 308.5 (collectively, "California Marriage Laws") as well as the Federal Defense of Marriage Act ("Federal DOMA") in order to preserve the definition of marriage as the union of one man and one woman. CCF is represented by Mathew D. Staver, President and General Counsel of Liberty Counsel and Rena Lindevaldsen, Senior Litigation Counsel.

Arthur Smelt and Christopher Hammer recently filed a federal lawsuit against the Orange County Clerk seeking a same-sex marriage license and claiming that the California Marriage Laws and Federal DOMA violate their rights of Equal Protection, Due Process, Privacy and Freedom of Speech provisions under the United States Constitution. On October 14, 2004, Judge Gary Taylor established an expedited schedule for the case. Substantive briefing will begin in December with oral arguments to be held on January 27, 2005 if the motion to intervene is granted.

Last week a San Francisco state court confirmed that Liberty Counsel had the right to defend the California Marriage Laws on behalf of CCF against the several state court challenges. Now Liberty Counsel is also seeking intervention on behalf of CCF to defend the California Marriage Laws in the recently filed federal court action.

Staver stated, "Liberty Counsel will fight to preserve the rights of the citizens of California who voted overwhelmingly to preserve the definition of marriage as one man and one woman. Their choice to protect marriage should not be overturned by any attempted political, back-door legal maneuverings of special interest groups. The people of California have spoken to protect the traditional definition of marriage. We will fight to protect that voice."

Liberty Counsel is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family.