California Removed From DOMA Suit

A federal judge on Thursday agreed to remove the state of California as a defendant in a lawsuit challenging the Defense of Marriage Act, reports the Associated Press.

U.S. District Judge David Carter said that California is no longer an appropriate defendant in the case brought by plaintiffs Arthur Smelt and Christopher Hammer against the state and the federal government. He agreed to remove California because the plaintiffs were legally married in the state last year, before voters approved the same-sex marriage ban.
Judge Carter acted in response to a request from California attorney general Jerry Brown.

The U.S. government remains a defendant in the case. In June, the government filed a motion to dismiss the case, a move that defended the constitutionality of DOMA.