DOJ moves to dismiss first fed gay marriage case

[NorthCarolina]

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."

It's a different case from a recent federal lawsuit by two unmarried gay couples in California who claim a civil right to marry under the U.S. Constitution.

The government said Smelt and Hammer seek a ruling on "whether by virtue of their marital status they are constitutionally entitled to acknowledgment of their union by states that do not recognize same-sex marriage, and whether they are similarly entitled to certain federal benefits.

"Under the law binding on this Court, the answer to these questions must be no," the motion states.

Read the entire article here: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/06/12/national/a081659D28.DTL

[QC]

1. How hopeful and changealicious! n/t

[joeybee12]

6. Changealicious! Is that the million English word I hear so much about? n/t

[FreeState]

2. Mr President - stop destroying court precedent we have been working for years to get

this is the second time this week the President has actively worked against GLBT rights. We have for years worked to set up precedent in court that he has now torn apart.

[kenny blankenship]

3. Fierce Advocate

or Fucking Liar?

[joeybee12]

4. Do I get three guesses? n/t

[WillParkinson]

5. Oh, he's playing chess, don'tcha know?

We just don't understand it, because Mr. Obama is so much smarter than all of us.

[QC]

7. He's playing 50,000 dimensional chess 10,000,000,000 moves ahead of the likes of you!

[readmoreoften]

8. He's setting the stage so LGBT cyborgs will have the right to nimiyazbup when 3012 AD hits.

Since nimiyazbupping won't be invented until 3009 AD, he is laying the legal groundwork for it now. The groundwork is being laid in an invisible language that exists in the spaces between words on legal documents. It will all become perfectly clear in 3012. Just hang in there folks. Have a little patience.