Search for: "Arthur Smelt"
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25 Aug 6:05 am by Michael Ginsborg
08/24/09 order of dismissal in Smelt v. United States of America (C.D.Cal. Case No. 8:2009-cv-00286, filed Mar. 9, ... ).] I am doubtful that he has been an ideal choice to represent the plaintiff couple, Arthur Smelt and Christopher Hammer. See, for example, his support for dividing California into ... a case filed directly in that court. Furthermore, at the very least I think it should be possible for Smelt and Hammer to file a suit that appropriately alleges some deprivation of rights under federal ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
13 Apr 11:07 am by Michael Ginsborg
04/13/09 ADF Press Release: Plaintiffs Arthur Smelt and Christopher Hammer lost their first 14th-amendment challenge to the federal DOMA, Smelt v. County of Orange, when "the U.S. Supreme Court refused to hear the case in 2006." Just a few ... be entrusted to the state attorney general, who has already argued that he thinks it should be 'invalidated.'" But Smelt v. United States of America has a plaintiff attorney of dubious credibility. According to the Orange Counter ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
23 Jun 5:31 am by Michael Ginsborg
06/23/09 SF Chronicle: Richard Gilbert has been defending spouses Arthur Smelt and Christopher Hammer in their latest lawsuit challenging the federal DOMA and Proposition 8. At an August 2nd hearing, Gilbert will seek clarification of the DOJ's position in defending the federal DOMA, because last week President Obama said that the federal DOMA is "discriminatory, it interferes with states' rights, and it's time we ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
14 Jun 1:36 am by Michael Ginsborg
... DOMA as abhorrent as I know President Obama does." 06/13/09 LeonardLink, by New York University law professor Arthur Leonard: The one that bothers me the most is the argument that there is no anti-gay motivation behind DOMA, merely a desire by Congress to ... for justice, by law professor Nan Hunter: Given the standing argument, there's a good chance that the court's ruling in Smelt may not even reach the merits of the constitutionality of DoMA. But you can bet that a similar version of this brief ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
24 Aug 3:51 pm by ALeonard
... case, because Richard Gilbert, the plaintiffs' lawyer, announced that the suit will be refiled in federal court. Gilbert is representing Arthur Smelt and Christopher Hammer, a longtime couple who originally filed a federal suit challenging the constitutionality of ... argued that an alternative ground for finding lack of standing was the failure to allege in the complaint with any particularity that Smelt and Hammer had actually been adversely affected by DOMA.) It might be more difficult for them ...
Leonard Link - http://newyorklawschool.typepad.com/leonardlink/
18 Aug 10:09 am by Richard Binder
... gay couple. Assistant Attorney General Tony West found himself in the unenviable position of having to put forward two arguments in Smelt v. United States before the U.S. District Court for the Southern District of California. West said that the ... disagrees with a particular statute as a policy matter." To that end, West called for the case to be dismissed because the couple in question, Arthur Smelt and Christopher Hammer, haven't shown that they have been adversely affected by the federal law. ...
The National Law Journal's L.A. Legal Pad - http://www.lalegalpad.com/
11 Nov, 2008 5:06 pm by ALeonard
... had married over the summer, argued that Prop 8 violates the federal constitution, although news reports were vague about the theory of the case. The same couple, Arthur Smelt and Christopher Hammer, was previously unsuccessful in a federal suit challenging the Defense of Marriage Act and the prior California marriage initiative. Their attorney, Richard G. Gilbert, told the Orange County Register that the California Supreme Court ...
Leonard Link - http://newyorklawschool.typepad.com/leonardlink/
23 Jun 7:08 am
"Gay couple's weapon in lawsuit: Obama's words." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "When Orange County newlyweds Arthur Smelt and Christopher Hammer face off against the Obama administration over a law that denies federal benefits and interstate recognition for their marriage, they will have some potent ammunition: President Obama's own words."
How Appealing - http://howappealing.law.com/
25 Aug 7:29 am by Matt Glenn
[JURIST] A judge for the US District Court for the Central District Court of California [official website] dismissed [opinion, PDF] a lawsuit [case materials] challenging the Defense of Marriage Act (DOMA) [text] on judisdictional grounds Tuesday. The suit, filed by Arthur Smelt and Christopher Hammer, two men who were married in California, alleges that DOMA violates the Constitution's Full
JURIST - Paper Chase - http://jurist.law.pitt.edu/paperchase/
31 Aug 5:30 am by Howard Wasserman
Arthur Bruno Smelt and Christopher David Hammer are a couple living in Orange County, California who have spent a big chunk of this decade trying to be the Mildred and Richard Loving of the same-sex marriage movement. After applying for (and being denied) a California marriage license back in 2004 or 2005, Smelt and Hammer filed suit in federal court, challenging the constitutionality of the denial of the license, as well as the constitutional validity of the ...
PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/
17 Aug 5:53 am by Michael Ginsborg
... by Maggie Gallagher, president of the National Organization for Marriage. 08/18/09 Leondard Link, by law professor Arthur Leonard: Some LGBT activists are charging President Obama with hypocrisy or inconsistency in his approach to DOMA (and to "don' ... . 08/17/09 WordinEdgwise, by law professor John Culhane: Today, the Obama Administration filed its reply brief in the California Smelt case, where gay couples have challenged the Defense of Marriage Act ("DOMA"). Let me start by giving away the punch ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
31 Aug 5:49 am by Michael Ginsborg
08/31/09 PrawfsBlawg, by law professor Howard M. Wasserman: Arthur Bruno Smelt and Christopher David Hammer are a couple living in Orange County, California who have spent a big chunk of this decade trying to be the Mildred and Richard Loving of the same-sex marriage movement ... I am thoroughly confused by a number of decisions that Smelt, Hammer, and their lawyers (I assume there are lawyers; the district court opinion does not indicate that they are acting pro se) have made. ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
18 Jun 11:53 am by ALeonard
... the Justice Department's filing with the Supreme Court on the Pietrangelo cert. petition, and the filing with the district court in California in the Smelt DOMA challenge. Despite the President's strongly worded promises to repeal DADT and DOMA, the Justice Department argued, in ... . Since the President does not seem serious about repealing DOMA, and is defending it in court with specious arguments, I can't in good conscience respond with financial support at this time. Sincerely, Arthur S. Leonard
Leonard Link - http://newyorklawschool.typepad.com/leonardlink/
18 Sep 10:46 am by Michael Ginsborg
09/19/09 Leonard Link, by law professor Arthur Leonard:: Professor Leonard provides his usual insightful analysis of the DOJ brief. He also examines the prospect for Gill v. OPM in the U.S. District Court for ... of Marriage Act, which doubtless will leave some unsatisfied, but it is far closer to the type of brief I'd expect the DOJ to file these days than the Smelt brief, which everyone agrees went too far. 09/18/09 NY Times: Robert Raben, a legislative consultant who worked at the Justice ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
         
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