Gay marriage-recusal law survives court challenge
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.