The Court granted a preliminary injunction, but denied the motion for permanent injunction. The decision has been appealed to the Ninth Circuit and waiting for oral argument.
In re Kandu, Case No. 03-51312 (W.D. Wash., Aug.
17, 2004)
Two lesbians filed a joint petition in bankruptcy. The
bankruptcy judge ordered them to show cause why the joint
petition should not be dismissed, based upon federal DOMA’s
definition of “marriage” for all federal statutes,
since only a married couple may file a joint petition.
On August 17, 2004, the trial judge ruled that the definition
of marriage in DOMA is constitutional. The debtor is appealing
to the federal district court. Any appeal from the district
court will go to the Ninth Circuit.
Adams v. Howerton, 486 F. Supp. 1119 (C.D. Cal.
1980), aff’d on other grounds, 673 F.2d 1036
(9th Cir. 1982)
This case involved a demand that INS grant “immediate
relative” status to an Australian citizen based
on same-sex “marriage.” The court ruled that
it would not recognize the marriage because the U.S. Supreme
Court had already rejected the merits of constitutional
claims for same-sex “marriage” in Baker
v. Nelson.
Federal suit alleges that California's definition of marriage
as being between one man an women violates rights granted
under the First, Ninth, and Fourteenth Amendments of the
United States Constitution.
