US judge nixes controversial gay marriage case

[WillParkinson]

Source: The Associated Press

US judge nixes controversial gay marriage case
By The Associated Press


(Santa Ana, Calif.) 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.

Read more: http://www.365gay.com/news/us-judge-nixes-controversial-gay-marriage-case/

[Pangolin2]

1. Well, it's frustrating but seems to be judicially correct. Gilbert, the plaintiff's atty seems to

have bungled by trying to sue the Federal Gov't in state court. I saw his 'reasoning' but it isn't sound.
They should have gotten some financial help and paid the filing fees...that would have saved a lot of time
and bs.
Hopefully they can refile right away.

[Strong Atheist]

2. Welcome to DU!

:toast:

[comtec]

4. Perhaps he wanted to insure an air-tight ruling?

and if the papers were;s completely correct that could not happen?

I dunno. one can hope.
STill... it's a bull shit law to begin with =[

[No Elephants]

3. The article is very restrained. The D of J defended DOMA "strenously" by comparing

homosexual sex to incest and bestiality.

I am glad the judge dismissed it because Gilbert does not seem too swift. Failure on the part of a federal court to waive a fee does not create jurisdiction in state court. I wonder how much the fee is, anyway, that it would not have been easier to raise the money for the fee than to bounce back and forth between federal court and state court and then to federal court again.


I feel so sorry for this couple, though Disabled and gay and living in a Republican stronghold.

[NMDemDist2]

5. Ann Northrup of GayUSA expected as much

still disheartening, but not unexpected.......