DOMA Lawsuit Dismissed on a Technicallity, Must be Refiled in Federal Court

U.S. District Judge David O. Carter has dismissed a lawsuit filed by two married gay men who were attempting to get the federal Defense of Marriage Act (DOMA) overturned. The case was dismissed on a technicality. Judge Carter said that the suit had been improperly filed in state court before it was transferred to his court. The federal government cannot be sued in state court and Carter indicated that the lawsuit should be refiled in federal court. The lawsuit was the latest step for Arthur Smelt and Christopher Hammer who originally took to the courts in 2004 to challenge DOMA and the state of California's refusal to grant them a marriage license. When Smelt and Hammer were legally married during the brief window when gay marriage was legal in California, the couple renewed their lawsuit to have the federal law against same-sex marriage overturned. The law prevents gay couples married in states where same-sex marriage is legal from enjoying any federal rights and privileges associated with marriage. Full Story from the Examiner

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