Last month, a U.S. District Judge dismissed the lawsuit filed by Arthur Smelt and Christopher Hammer seeking to find the Defense of Marriage Act (“DOMA”) unconstitutional. That dismissal was a logistics issue, not a dismissal because the allegations against DOMA were unfounded. In the Smelt case, the Judge found that the suit “should have” been filed in federal court, not state court.
But now we have a similar suit filed in Massachusetts – this one in Federal court. Our self-proclaimed “fierce advocate” has requested that the Justice dismiss this case too!
In court documents filed Friday, the Justice Department makes it clear the Obama administration thinks the law is discriminatory and should be repealed. But the department said it was defending the statute because the law is “constitutionally permissible.” [via Obama administration asks Boston court to dismiss challenge to federal Defense of Marriage law -- latimes.com.]
So, although same-sex couples have no right to civil marriage in 44 of the 50 U.S. states, and in spite of the fact that there is no federal recognition of same-sex marriage (except for those meeting the loop-hole requirements for transgender persons), it seems same-sex couples also have no way of properly challenging an admittedly unconstitutional law in court.
What’s a gay to do?
Unite and fight. Not in the Teabagger “bring out your guns and threaten civil war” sort of way, but we must state loudly and in a unified voice that we are not going to take it any more.
If you don’t know what to do, start by joining me and thousands of others at the National Equality March in Washington, D.C. There will be many workshops and information sessions conducted on October 10th, followed by the march itself on October 11th at noon. This is not just a march, this is a movement – this is our fight.