Posted on 05/05/2006 12:48:15 PM PDT by SmithL
SAN FRANCISCO - A federal appeals court today dismissed a challenge by two Orange County men to a law denying federal marriage benefits to same-sex couples, saying a couple that isn't legally married under state law has no right to contest the federal definition of marriage.
The Ninth U.S. Circuit Court of Appeals reached the result urged by gay-rights groups, which opposed the federal suit because they are trying to overturn California's marriage law in state court.
The appeals court also refused to consider the constitutionality of the state's ban on same-sex marriage, saying it should be addressed first by the California courts.
The central issue in the case was the validity of the Defense of Marriage Act, signed in 1996 by President Bill Clinton. The law reserved federal marriage benefits -- joint tax filing, Social Security survivors' benefits, immigration status and numerous other marital rights -- to opposite-sex couples. Another provision allows states to refuse to recognize same-sex marriages that were performed in another state or a foreign nation.
Both the federal law and the state law were challenged in a 2004 suit by Arthur Smelt and Christopher Hammer of Mission Viejo after they were twice denied a marriage license.
(Excerpt) Read more at sfgate.com ...
This seems like a "Duh!" moment ...
Using lack of standing to dismiss the case is weasling.
Not really, judges do it all the time. Wasn't that Plessy vs. Ferguson or something?
Here's why:
"The Ninth U.S. Circuit Court of Appeals reached the result urged by gay-rights groups, which opposed the federal suit because they are trying to overturn California's marriage law in state court."
Dred Scott, sorry.
Well of course they can't. The gay activist strategy is to have a married homosexual couple from Massachusetts bring that suit. Duh! You can't sue for federal benefits until you first gain state recognition, or the DOMA is irrelevant. I would say it was a waste of money but they probably got the services for free from some activist attorney.
SAN FRANCISCO - A federal appeals court today dismissed a challenge by two Orange County men to a law denying federal marriage benefits to same-sex couples, saying a couple that isn't legally married under state law has no right to contest the federal definition of marriage.
The federal appeals court should have dismissed the challenge to reality as follows:
A homosexual couple are free to engage in delusion; however, society is not required to reward or grant privelege to such activity...
No comment.
Read carefully.
The Ninth denied because they agreed with the gays that they had a better chance of getting the result they wanted in State Court!!
Arthur smelts Christophers hammer????
Christopher hammers Arthur's smelt?
Christopher's hammer smelts Arthur?
Hammer smelts Arthur & Christopher!!!!!
"The Ninth U.S. Circuit Court of Appeals reached the result urged by gay-rights groups, which opposed the federal suit because they are trying to overturn California's marriage law in state court."
When the nutty 9th circuit makes an actual sane ruling, you can bet their is something amiss in how they got there.
So I take it then that me and my sheep "gerdie" have very little chance also..... Call the ACLU
This is such a game of ping-pong between the courts. We need a Federal Marriage Protection Act to settle the matter.
Maybe in a state court.
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