The 33-page complaint filed by Jan Jorgensen and Cindy Phillips, who live in Fargo and were legally married in Minnesota, says the couple is treated as “legal strangers” in their home state.
Cases are currently pending in all 31 states with gay marriage bans.
Last week, seven couples filed a complaint to make North Dakota the last state with a challenged same-sex marriage ban.
Jorgensen and Phillips are represented by the national gay rights group Lambda Legal. Attorney Kyle Palazzolo says the couple approached Lambda about legal action because of the marriage momentum around the country.
A spokeswoman with the North Dakota attorney general’s office did not respond to a request for comment.
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