SANTA ANA, Calif. — A same-sex marriage lawsuit that created a public rift between President Barack Obama and his gay supporters was dismissed Monday on a technicality.
U.S. District Judge David O. Carter ruled the case – the first of several pending challenges to the federal Defense of Marriage Act – must be refiled in federal court.
Carter said the suit had been improperly filed in state court before it was transferred to his jurisdiction. As a result, the judge said, he would not entertain arguments on its merits, at least not yet.
"There is no point for us to go down the line of decision-making and waste time," he said during the hearing in Santa Ana.
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