Discrimination

During the brief window between the California Supreme Court’s decision finding a ban on same-sex marriage in violation of the California Constitution on May 15, 2008 and the ballot-initiative amending said constitution on November 5, 2008, Arthur Smelt and Christopher Hammer got married.

While same-sex marriages during this window period have been recognized in California since they were presumably “constitutional,” the newlyweds filed a case against the federal government in state court that was transferred upon motion of the federal government into federal court alleging that “the refusal of all states and jurisdictions” to recognize the validity of their marriage resulted in the denial of their marriage status by other states, and federal rights and benefits that other married couples received so long as they were of the opposite sex.