Smelt v. United States dismissed for lack of standing with respect to its Prop. 8 challenge

07/15/09 Minute Order by Judge David Carter:

Not surprisingly, Judge Carter has dismissed the Prop. 8 challenge in Smelt v. United States of America (C.D.Cal. filed Mar. 9, 2009) on the motion of the California Attorney General, and has done so on narrow, procedural grounds, without reaching the merits of the due process and equal-protection claims:

As Plaintiffs’ marriage is valid within California, they cannot present an injury with respect to the recognition of their marriage by the State of California under Lujan [v. Defenders of Wildlife] and, therefore, they do not havestanding to pursue their claims against the State of California. 504 U.S. 555.

The case continues with respect to its federal DOMA challenge, which Obama's Department of Justice tried to answer with its controversial brief.

07/17/09 Alliance Defense Fund press release:

The court will hear arguments on Aug. 3 concerning the lawsuit’s remaining claims which challenge the federal Defense of Marriage Act.