(CN) – A gay couple in Southern California lost their attempt to overturn the federal Defense of Marriage Act after U.S. District Judge David Carter ruled the complaint was improperly filed in state court. The judge said the suit could be refiled in federal court.
It is the first of several pending challenges to the Defense of Marriage Act.
Judge Carter said the lawsuit was improperly filed in Superior Court before it was removed into his jurisdiction.
He refused to hear legal arguments, but said Arthur Smelt and Christopher Hammer, the Orange County, Calif., couple who filed the lawsuit, could refile in Federal Court.