Judge throws out challenge to Proposition 8, DOMA aspects to move forward

Sacramento, Calif., Jul 20, 2009 / 23:56 pm

A federal judge has thrown out another legal challenge to California’s Proposition 8, ruling that plaintiffs had no standing to dispute the constitutionality of the ballot measure which restored the definition of marriage to be between a man and a woman.

U.S. District Court Judge David Carter, ruling in the case Smelt v. United States, threw out a challenge to Proposition 8 and dismissed the state of California as a defendant, a press release from Protectmarriage.com reports.

The judge said in his ruling that because the plaintiffs in the case were legally married before the enactment of Proposition 8, and because the California State Supreme Court held that such marriages would remain intact, they had no “injury” or standing to challenge the measure.

However, portions of the suit challenge the federal Defense of Marriage Act (DOMA) and will be heard in August with the U.S. Department of Justice as the official defendant.

Andrew Pugno, Chief Legal Counsel for Proposition 8 campaign committee ProtectMarriage.com, said the ruling marked “another great day for marriage in California.”

“The twice-expressed will of the people of California for traditional marriage is under assault from many lawsuits, but our recent string of victories in both state and federal courts is very gratifying,” he said in a press release.

“ProtectMarriage.com will continue to fight for marriage and fight to defend the will of the people, no matter what course and no matter what legal theory they conjure up,” Pugno remarked.