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Judge Dismisses DOMA Case Which Prompted Controversial Obama DOJ Brief

Jim Burroway

August 24th, 2009

A U.S. District Judge dismissed the case of Smelt v. United States, the Southern California lawsuit challenging the Defense of Marriage Act which became known for the controversial brief supporting DOMA that was field by the Obama administration’s Department of Justice. Judge David O. Carter dismissed the case on a technicality, ruling that that the suit had been improperly filed in state court before transferring to Federal Court. For the case to go forward, it must be re-filed in Federal Court. Plaintiffs’ lawyer Richard Gilbert said he would re-submit the suit again.

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