Judge Nixes Same-Sex Suit that Snared Obama
August 24, 2009 - 3:34 PMA federal judge in Southern California has dismissed on a technicality a same-sex marriage lawsuit that created a rift between President Barack Obama and his gay supporters.
U.S. District Judge David O. Carter ruled Monday that the case challenging the federal Defense of Marriage Act must be refiled in federal court.
He said it had been improperly filed in state court before it was transferred to his jurisdiction.
The case, brought on behalf of a gay Orange County couple, argues that banning same-sex marriage violates the U.S. Constitution.
Gay marriage supporters criticized Obama this summer after U.S. Justice Department lawyers filed court papers defending the 1996 act. As a candidate, Obama pledged to work for the law's repeal.
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