This was the challenge that led to the now-infamous Department of Justice Motion to Dismiss on June 12, which led to the President’s Oval Office ceremony on June 17 and speech about LGBT equality at a White House reception on June 29. Just this past week, DOJ filed a far-less-overreaching reply brief in the case.
The Smelt case was filed in California state court and then removed to federal court contained claims, among other areas, regarding interstate travel and how DOMA impacted the plaintiffs’ travel. This, of the four federal court marriage challenges, was the weakest, by far. It had the procedural problems that led to today’s dismissal and contained weaker arguments based on less clear areas of the law.
Three other cases remain active in federal court.
Monday, August 24, 2009
Smelt dismissed on a techinicality