Gay mar­riage-re­cusal law sur­vives court chal­lenge

The Washington Times Daily - - NATION -

RALEIGH | North Carolina’s law al­low­ing mag­is­trates to refuse to per­form same-sex mar­riages sur­vived a chal­lenge Wed­nes­day when an ap­peals court de­ter­mined that three cou­ples weren’t harmed enough to fight the state’s use of tax­payer money to ap­ply the law.

The Rich­mond-based U.S. Court of Ap­peals for the 4th Cir­cuit dis­missed their law­suit, re­ject­ing ar­gu­ments by the cou­ples that their sta­tus as North Carolina tax­pay­ers gives them stand­ing to sue.

Be­cause two of the cou­ples al­ready are mar­ried and the third is en­gaged, the law hasn’t hurt their abil­ity to wed, the judges said.

The plain­tiffs are con­sid­er­ing whether seek a hear­ing be­fore the full 4th Cir­cuit or take their chal­lenge of the law known as SB2 to the U.S. Supreme Court, ac­cord­ing to the Cam­paign for South­ern Equal­ity.

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