(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.
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
Alaska, Hawaiian Airlines April 17, 2024 -
-
Contributor-Test-Post-2024-04-12 April 12, 2024 -
