Going solo against DOMA as one Florida lawyer challenges the federal marriage ban, some gays would like him to back off.

A Florida attorney says he's challenging the federal Defense of Marriage Act in court because there's no time like the present to stand up and demand full equality. But he's not getting the support of some gay rights groups.

"I've talked to several gay organization lawyers, and they claim that they don't want to go into federal court because they're picking their states very carefully," said civil rights attorney Ellis Rubin, who announced on May 10 he was filing a challenge to DOMA in U.S. district court on behalf of four same-sex couples who were denied marriage licenses in Florida. "I don't believe in sitting back and letting a steamroller roll over me."

Rubin's suit seeks "declaratory judgment," which allows a law to be challenged if it has the potential to do harm to individuals. DOMA was signed by President Clinton in 1996 and prohibits federal recognition of same-sex marriage while allowing states to refuse to recognize such marriages performed in other states.

"We certainly share the opinion that [DOMA is] not constitutional, and we are looking for the right kind of case at the right time with the right court to challenge it," said Greg Nevins, a senior staff attorney at the gay rights group Lambda Legal. In his opinion, an effort to overturn DOMA while the U.S. House and Senate are debating a federal constitutional marriage ban will only exacerbate the situation. Besides, on appeal Rubin's case would have to go through the 11th U.S. circuit court of appeals, "which a few months ago held up the nation's only ban on all gay adoptions," Nevins explained. "So strategically, it's hard to understand why this case would be filed now."

Nevins conceded that legalized same-sex marriage hi Massachusetts could soon lead to other federal challenges to DOMA as married couples return to their home states and demand recognition. But he hopes they will work with Lambda to figure out "how best to go about a challenge," which could include holding their tongues.

Nadine Smith, executive director of the gay rights group Equality Florida, said she supports Lambda's strategy but aLso hopes all legal efforts are successful. "We've got to be cheering for a positive outcome," she said. An outcome that Rubin says gay rights groups haven't pursued aggressively enough. "It's been eight years since [DOMA] made them second-class citizens," he said. "And what did the existing groups do? They went around and collected funds, and they sent speakers to gay groups. And I don't think that they accomplished much."