SANTA ANA - A couple seeking to overturn government bans on same sex marriages will have to contend with the legal weight of the federal government. The U.S. Department of Justice has asked to intervene in a lawsuit filed by Christopher Hammer and Arthur Smelt that claims federal and state bans on same-sex marriage are unconstitutional.

A Department of Justice attorney filed a motion Tuesday to intervene in response to an Oct. 14 invitation from U.S. District Court Judge Gary Taylor.

Hammer and Smelt, both 45, of Mission Viejo are the first couple to file a suit challenging marriage laws in federal court in California. Other challenges have been filed in state courts.

Hammer and Smelt want an order requiring Orange County to issue them a marriage license on the basis that the laws against same-sex marriage violate the due process and equal protection clauses of the 14th Amendment. Their goal is to take the case to the Supreme Court.

Similar suits have been filed in federal court in Florida and Washington state.