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MONDAY, NOVEMBER 23, 2009
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Fed Judge Tosses DoMA Suit

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(Newser) – A federal judge in California dismissed a lawsuit challenging the Defense of Marriage Act yesterday, supporting the Obama administration's claim that a gay couple had not suffered "an injury in fact." The Justice Department filed a brief agreeing with the plaintiffs that DoMA is discriminatory, but said it was bound to defend the law until Congress repealed it. The judge said that since the couple had not shown personal harm, he lacked jurisdiction to tackle the constitutionality of DoMA.

Demonstrators protest at the California Supreme Court in San Francisco, Wednesday, June 3, 2009 to protest the State Supreme Court's decision denying marriage to gay couples.
Demonstrators protest at the California Supreme Court in San Francisco, Wednesday, June 3, 2009 to protest the State Supreme Court's decision denying marriage to gay couples.   (AP Photo/Paul Sakuma)
Chip Garcia Coakley leads marchers to a Meet in the Middle 4 Equality rally in Fresno, Calif. on Saturday, May 30, 2009 to protest the California Supreme Court decision to uphold Proposition 8.
Chip Garcia Coakley leads marchers to a Meet in the Middle 4 Equality rally in Fresno, Calif. on Saturday, May 30, 2009 to protest the California Supreme Court decision to uphold Proposition 8.   (AP Photo/Gary Kazanjian)
A black flag flies over the rainbow flag that was set at half-mast after the California State Supreme Court ruling on same sex marriage in San Francisco, Wednesday, May 27, 2009.
A black flag flies over the rainbow flag that was set at half-mast after the California State Supreme Court ruling on same sex marriage in San Francisco, Wednesday, May 27, 2009.   (AP Photo/Jeff Chiu)
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13 comments
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polstroad
Aug 25, 09 6:40 AM CDT
The more "change" we are promised, the more the same old thing prevails. Reply
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+2
IN RESPONSE:
VanessaRaeJ
Sep 18, 09 2:14 PM CDT
It seems to be that way. :(
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0
Ucantusethatname
Aug 25, 09 7:27 AM CDT
DoMA is no more discriminatory than the fact that short guys can't play in the NBA. Reply
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-5
IN RESPONSE:
2-bits
Aug 25, 09 7:54 AM CDT
Really? Really really?
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0
IN RESPONSE:
Nwambe
Aug 25, 09 8:37 AM CDT
No, prima facie it's fairly discriminatory. Just because there's no corpus derelicti in this case, doesn't mean that it won't show up ex post facto. DoMA is, unfortunately, discrimination in favour of the majority, based on sexual preference. Total crap, IMHO, but there you have it.
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+2

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