Gay
Marriage In Florida
The U.S. government has asked a judge to dismiss a lawsuit challenging
the 8-year-old federal law that bans gay marriage. Justice Department
spokesman Charles Miller said it was the government's first direct
legal defense of the Defense of Marriage Act, which defines marriage
as the union of one man and one woman and allows states to refuse
to recognize gay marriages from other states.
In
the lawsuit, four same-sex couples argue that the 1996 law is
unconstitutional. The Justice Department's motion to dismiss
on Friday argues that the couples have no constitutional standing
to challenge the federal law because they are not married in
any state. ``As far as the federal defendant is aware, every
court to address this question - including the Supreme Court
and the Eleventh Circuit - has rejected federal constitutional
challenges,'' the motion said. The motion also said the nation's
high court has ``defined the right to marry consistent with
traditional understandings.'' The argument by the Justice Department
that the couples have no legal standing is a ``procedural one''
that is a far cry from defending whether the law violates human
liberties, said Jennifer Pizer, senior staff attorney for Lambda
Legal, a gay rights group. ``The fundamental right is the right
to marry the person of your choice without the government getting
involved there, like a matchmaker,'' Pizer said. Plaintiffs
attorney Ellis Rubin said he was preparing a response to the
motion.