Obama's Fight Against Same-Sex Marriage Lawsuit Strains Relations With Gay Rights Activists

President Obama's alliance with gay rights activists may have reached a breaking point this week when his Justice Department moved to dismiss the first gay marriage case filed in federal court.

Obama's Justice Department said the lawsuit is not the right venue to tackle legal questions raised by a couple already married in California.

The motion, filed late Thursday, argued that the case of Arthur Smelt and Christopher Hammer does not address the right of gay couples to marry but rather questions whether their marriage must be recognized nationwide by states that have not approved gay marriage.

"This case does not call upon the Court to pass judgment ... on the legal or moral right of same-sex couples, such as plaintiffs here, to be married," the motion states. "Plaintiffs are married, and their challenge to the federal Defense of Marriage Act ('DOMA') poses a different set of questions."

The move comes on the heels of the Obama administration taking a go-slow approach to repealing the ban on gays serving openly in the armed forces. Spokesmen at the White House and Pentagon have said Obama is committed to repeal but add there is no timeline.

The Human Rights Campaign, one of the nation's largest gay rights groups, blasted the Obama administration for its latest move.

"The administration apparently determined that it had a duty to defend DOMA in the courts," the group's president, Joe Solmonese, said in a statement. "We call on the president to send legislation repealing DOMA to Congress."

The group praised the president for his achievements in office so far but said the gay community is frustrated by the administration's silence on repealing the Defense of Marriage Act, -- an issue he voiced support for during his presidential campaign.

"President Obama must see that this extraordinary record of commitment to the public good at last be extended to end discrimination against LGBT people," Solmonese said, referring to the lesbian, gay, bisexual and transgender community.

"Mr. President, you have called DOMA 'abhorrent' and pledged to be a fierce advocate for our community," he said. "As we approach the 40th anniversary of Stonewall, it is time for you to use your leadership to translate these principles into meaningful action."

The Justice Department said it was defending the law on the books until it can be repealed.

"The president has said he wants to see a legislative repeal of the Defense of Marriage Act because it prevents LGBT couples from being granted equal rights and benefits," Justice spokesman Charles Miller said in a statement. "However, until Congress passes legislation repealing the law, the administration will continue to defend the statue when it is challenged in the justice system."

The case is different from a recent federal lawsuit filed by two unmarried gay couples in California who claim a civil right to marry under the U.S. Constitution.

The government said Smelt and Hammer seek a ruling on "whether by virtue of their marital status they are constitutionally entitled to acknowledgement of their union by states that do not recognize same-sex marriage, and whether they are similarly entitled to certain federal benefits.

"Under the law binding on this Court, the answer to these questions must be no," the motion states.

The 54-page document traces the history of the Defense of Marriage Act, passed by Congress in 1996 at a time when states and their citizens were just beginning to address the legal status of same-sex marriage.

The case was originally filed last year in California State Court before heading to federal court. It claims violation of a number of federal rights including the right to privacy, the right to travel and the right of free expression under the First Amendment.

The government's filing said the suit would fail under each of those grounds. While it addressed each argument, it claimed the suit should be dismissed for lack of standing by the plaintiffs to bring the claim in federal court.

The Associated Press contributed to this report.