Gay Groups: Smelt case won't undo DOMA, and may strengthen it

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Friday June 12, 2009 · 9:34 AM PDT

2009/06/12 · 09:34

There is currently much of a muchness being stirred by people who push our rage buttons for fun and profit concerning the DOJ, the Smelt case, and DOMA.

But before people go off half-cocked -- or use this case to reinforce pre-existing biases -- they should know that many gay-rights groups think that the Smelt case will not only NOT end the "Defense of Marriage Act", but may very well strengthen it.

More after the jump.

From the Gay and Lesbian Times:

In fact, some gay rights groups have tried to make their case go away, claiming it’s badly written and other challenges may stand a better chance. They fear a poorly drafted or argued case could result in an unfavorable ruling in the U.S. Supreme Court.

To be sure, many gay rights groups also oppose Boies’ and Olson’s lawsuit saying marriage rights are best won through state legislatures and voters.

But the Smelt case, as it’s called, could provide a peek into what’s ahead for the newest lawsuit as it begins its journey through the federal court system and perhaps makes it all the way to the nation’s top court.

There's much more at the link above. In addition, New York Law School professor Arthur Leonard, way back in 2006, pointed out various problems with the Smelt suit.

Is this really a case that we want to see John Roberts adjudicating?

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