World
CONTACTStaffCAREER OPPORTUNITIESADVERTISE WITH USPRIVACY POLICYPRIVACY PREFERENCESTERMS OF USELEGAL NOTICE
© 2024 Pride Publishing Inc.
All Rights reserved
All Rights reserved
By continuing to use our site, you agree to our Private Policy and Terms of Use.
The lawsuit that spurred a hefty Justice Department document defending the federal government's ban on recognizing same-sex marriage was dismissed on Monday due to a technicality.
According to the Associated Press, U.S. district judge David O. Carter ruled that the first of several challenges to the Defense of Marriage Act was improperly filed in a state court before it was advanced to federal courts.
Richard Gilbert, the attorney representing the plaintiffs, said they planned to file the case again. His clients, Arthur Smelt and Christopher Hammer, are disabled and live on fixed incomes. Gilbert said he only took the case to a state court after a federal judge rejected their request to waive court fees.
Smelt and Hammer have been battling marriage bans since 2004, when they first fought the laws both federally and on the state level in California. They lost that case as well as their 2006 appeal, when a judge said they could not challenge federal marriage laws because they were unmarried.
Since then, the couple wed in California during the five months that same-sex marriage was legal, and then relaunched their legal battle after California passed Proposition 8.
In June, the U.S. Justice Department under President Obama filed a document defending the federal law, as is procedural in most government cases. This was seen as a major blow from the president, who campaigned on the message that he would support DOMA's repeal. Last Monday, the president issued a qualifying statement when the Justice Department submitted similar papers defending DOMA in Smelt v. United States.
"I have long held that DOMA prevents LGBT couples from being granted equal rights and benefits," Obama said in the statement. "While we work with Congress to repeal DOMA, my Administration will continue to examine and implement measures that will help extend rights and benefits to LGBT couples under existing law."
The case comes at a time when a handful of states honor marriages between same-sex couples, or are in the process of doing so after court decisions and legislative battles.
Want more breaking equality news & trending entertainment stories?
Check out our NEW 24/7 streaming service: the Advocate Channel!
Download the Advocate Channel App for your mobile phone and your favorite streaming device!
From our Sponsors
Most Popular
Here Are Our 2024 Election Predictions. Will They Come True?
November 07 2023 1:46 PM
17 Celebs Who Are Out & Proud of Their Trans & Nonbinary Kids
November 30 2023 10:41 AM
Here Are the 15 Most LGBTQ-Friendly Cities in the U.S.
November 01 2023 5:09 PM
Which State Is the Queerest? These Are the States With the Most LGBTQ+ People
December 11 2023 10:00 AM
These 27 Senate Hearing Room Gay Sex Jokes Are Truly Exquisite
December 17 2023 3:33 PM
10 Cheeky and Homoerotic Photos From Bob Mizer's Nude Films
November 18 2023 10:05 PM
42 Flaming Hot Photos From 2024's Australian Firefighters Calendar
November 10 2023 6:08 PM
These Are the 5 States With the Smallest Percentage of LGBTQ+ People
December 13 2023 9:15 AM
Here are the 15 gayest travel destinations in the world: report
March 26 2024 9:23 AM
Watch Now: Advocate Channel
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Latest Stories
Limited gender markers add hurdles for nonbinary people
April 12 2024 9:34 AM
Suspect in killing of Black trans man Righteous Torrence 'TK' Hill identified by police
April 12 2024 9:13 AM
Hilary Cass' NHS report is rife with debunked theories and falsehoods
April 11 2024 6:52 PM
Wherever drag queen Tara Hoot goes, bomb threats seem to follow
April 11 2024 4:26 PM