Fed Judge Tosses DoMA Suit

By Jason Farago,  Newser Staff
Posted Aug 25, 2009 5:52 AM CDT
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)
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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brief agreeing with the plaintiffs that DoMA is discriminatory, but said it was bound to defend the law until Congress repealed it.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.