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Judge dismisses gay marriage lawsuit
“They keep trying to kill Smelt and Hammer, and it just won’t go away,” Mr. Gilbert said of the ongoing litigation.
Brian Raum, a lawyer for the Alliance Defense Fund, a Christian legal group that has joined the government in defending the federal marriage law, said Judge Carter was right to dismiss the case on procedural grounds.
The federal government cannot be sued in state courts, Mr. Raum said.
Mr. Smelt and Mr. Hammer’s lawsuit could be back in a federal court in a matter of months, when “ultimately it will come down to the merits,” he said.
Earlier this year, a gay rights group in Massachusetts filed a lawsuit challenging the Defense of Marriage Act on constitutional grounds, and the state brought a separate case arguing that the law interferes with its right to establish its own marriage laws.
In 2004, Massachusetts became the first U.S. state, via a court decree, to legalize same-sex marriages.
By Mangosuthu Buthelezi
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