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DOJ moves to dismiss first fed gay marriage case

Orange County Gay Couple, married last year in California has filed suit in federal court to have there marriage recognized in all states.

By LINDA DEUTSCH – LOS ANGELES (AP) — The U.S. Justice Department has moved to dismiss the first gay marriage case filed in federal court, saying it is not the right venue to tackle legal questions raised by a couple already married in California.The motion, filed late Thursday, argued that the case of Arthur Smelt and Christopher Hammer does not address the right of gay couples to marry but rather questions whether their marriage must be recognized nationwide by states that have not approved gay marriage.”This case does not call upon the Court to pass judgment … on the legal or moral right of same-sex couples, such as plaintiffs here, to be married,” the motion states. “Plaintiffs are married, and their challenge to the federal Defense of Marriage Act (“DOMA”) poses a different set of questions.”

Read the full AP story here.

Equality California (EQCA) Executive Director Geoff Kors released the following statement: ‪

“We are outraged the Obama Administration filed a brief defending the discriminatory Defense of Marriage Act — a law Obama promised to repeal when running for President. It is unacceptable that he is defending DOMA instead of supporting its repeal as unconstitutional. And the justification that Congress has the right to deny one minority equal benefits as a way to save money is truly offensive. We not only call on President Obama to order the Justice Department to file a supplemental brief reversing its position and instead urging the repeal of DOMA, but we also demand the president demonstrates that he is the ‘fierce’ advocate he once claimed to be by publicly calling for the end to all discrimination against LGBT Americans — including the immediate repeal of this law so same-sex couples legally married in their home state receive the same federal benefits and protections as opposite-sex couples.”‬

TAKE ACTION: Demand President Obama Stop Defending DOMA.