DOMA Challenge Smelt v U.S. Dismissed

The federal challenge to DOMA in which the Department of Justice defended the law in an arguably homophobic way was dismissed by the Judge yesterday.

The Obama administration scored a victory of sorts in federal court Monday when a judge threw out an Orange County gay couple's lawsuit claiming that the federal Defense of Marriage Act is unconstitutional.

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Assistant Atty. Gen. Tony West, in his brief filed before U.S. District Judge David O. Carter, agreed with Smelt and Hammer that the Defense of Marriage Act is discriminatory and should be repealed. But West noted that he was obliged to defend the law until Congress moves to repeal or amend it. He urged the court to dismiss the men's suit on grounds that their allegations "fail to state a claim upon which relief can be granted."

Carter agreed, explaining in his seven-page decision that the absence of "an injury in fact" meant the court lacked jurisdiction to consider the broader constitutional questions.

Smelt and Hammer had also filed suit in California superior court. That action was dismissed earlier this year on similar grounds, as their marriage is legal in California.

It is likely the lawsuit will be refiled in federal court again. However, many LGBT activists were flabbergasted when the attorneys for the plaintiffs revealed their real intention in the lawsuit was to split the state of California into two pieces.

Hat/tip Joe.My.God