Sensitive gay-marriage suit tossed out

August 25, 2009|Associated Press

SANTA ANA, Calif. - A same-sex marriage lawsuit that created a public rift between President Obama and his gay supporters was dismissed yesterday on a technicality.

US District Judge David O. Carter ruled the case - the first of several challenges to the federal Defense of Marriage Act - must be filed 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, contends that the Defense of Marriage Act violates the Constitution by discriminating against gay men and lesbians.

The 1996 law bars US recognition of gay unions, including the granting of Social Security survivor payments and other government benefits to couples.

Six states have 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 Justice Department lawyers filed court papers in the lawsuit strenuously defending the federal law. As a candidate, Obama pledged to work for its repeal.

After the outcry, the president issued a memorandum extending some benefits to federal employees with same-sex partners, held a White House reception honoring the 40th anniversary of the birth of the modern gay rights movement, and sought to reassure gay leaders.

Last week, Obama issued a statement saying he wants to get rid of the federal law, but the government has an obligation to defend laws passed by Congress.

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