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Motion filed today to intervene against attack on California’s marriage laws

Related Case: Smelt v. United States of America

SANTA ANA, Calif.—Attorneys with the Alliance Defense Fund today filed a motion to intervene in federal court to represent the Proposition 22 Legal Defense and Education Fund in a defense of California’s marriage laws.

"We desire to ensure that California’s marriage laws are vigorously defended and upheld, including the voter-approved requirement that marriage be between a man and a woman only," said ADF Senior Legal Counsel Byron Babione.

The case in which the Proposition 22 Fund is seeking to intervene, Smelt, et al., v. County of Orange, California, was filed in the U.S. District Court for the Central District of California, Southern Division.  Two homosexual men who twice sought to obtain a marriage license in Orange County, but were denied because they are both of the same sex, filed the suit September 1.

"The courts have repeatedly held that there is no fundamental right to same-sex ‘marriage,’" Babione explained.  "Nonetheless, opponents of what the voters have approved try to use the courts anyway because every time same-sex ‘marriage’ is put before the voters, it loses."

California’s Defense of Marriage Act, the result of the Proposition 22 ballot initiative, states, "Only marriage between a man and a woman is valid or recognized in California."  Sixty-one percent of California voters passed the measure in March 2000.

"The members of the Proposition 22 Fund are uniquely qualified to defend California’s marriage laws.  Included among them are many of the same people who made sure the people of California were able to vote on this issue.  They desire to protect the right of the people to participate in the democratic process," Babione said.

On October 15, a California Superior Court judge allowed ADF attorneys representing the Proposition 22 Fund to move forward with a case against the City and County of San Francisco in an effort to defend California’s marriage laws in state court.  For more information on the battle to protect marriage in California, visit

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family. 

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