US judge nixes suit that split Obama. gays
Legal News Feed
A same-sex marriage lawsuit that created a public rift between President Barack Obama and his gay supporters was dismissed Monday on a technicality.
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.
The 1996 law bars federal recognition of gay unions, including the granting of Social Security survivor payments and other government benefits to couples. , Six states have now legalized same-sex marriage, but the federal law still bars those couples from receiving the benefits.
Gay marriage supporters accused Obama of betraying them this summer, after U.S. Justice Department lawyers filed court papers in the lawsuit strenuously defending the federal law. As a candidate, Obama pledged to work for its repeal.
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