A judge has dismissed a federal case challenging the Defense of Marriage Act brought by Orange County couple Arthur Smelt and Christopher Hammer, the AP reports:
"U.S. District Judge David O. Carter ruled the case – the first of several pending challenges to the federal Defense of Marriage Act – must be refiled in federal court.
Carter said the suit had been improperly filed in state court before it was transferred to his jurisdiction. As a result, the judge said, he would not entertain arguments on its merits, at least not yet. 'There is no point for us to go down the line of decision-making and waste time,' he said during the hearing in Santa Ana.
The case, brought on behalf of a gay Southern California couple, argues that the Defense of Marriage Act, or DOMA, violates the U.S. Constitution by discriminating against gay men and lesbians."
In June, the Department of Justice filed a brief asking the Court to dismiss the case, saying the case did not address the right of gay couples to marry
but rather questioned if their marriage must be recognized
nationwide by states that have not approved gay marriage. However, language in the brief was widely criticized for going too far, and inspired a boycott of an LGBT Democratic fundraiser.
Now, the case has been dismissed, it appears, on a technicality.
