The AP is reporting that U.S. District Judge David O. Carter has dismissed the Smelt v. United States case:
A 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 had been improperly filed in state court before it was transferred to his jurisdiction.
The judge said it can be refiled in federal court.
The Smelt v. United States case is the one that the Obama administration has felt obligated to defend. Recall that the first time around, the Department of Justice equated gay marriage with incest. The second time around, the DoJ softened its stance considerably but still claimed that it was obligated to defend it, although that argument has been shot down numerous times.
I’m still working out what this means, and I’ll update as more information comes in.
Oh, also keep in mind that this is not the same case as the Olson-Boies challenge to DOMA.
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