This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Law Practice

Aug. 26, 2009

Judge Rejects Gay Marriage Suit on Technicality

Saying the case has jurisdictional problems, a federal court judge Monday tossed out a closely watched suit by an Orange County gay couple challenging the constitutionality of the Defense of Marriage Act, but said the couple was free to re-file it.

By Jason W. Armstrong
Daily Journal Staff Writer

SANTA ANA Saying the case has jurisdictional problems, a federal court judge Monday tossed out a closely watched suit by an Orange County gay couple challenging the constitutionality of the Defense of Marriage Act, but said the couple was free to re-file it.

U.S. District Judge David O. Carter didn't hear arguments on the merits of government lawyers' attempt to dismiss Arthur Smelt's and Christoph...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up