Legal experts say any appeal would face an uphill battle.
House Speaker Thom Tillis and Senate leader Phil Berger’s appeal would go to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, which ruled this summer that Virginia’s same-sex marriage ban was unconstitutional. That ruling led the way for North Carolina’s ban to be struck down.
A spokeswoman for Berger, Shelly Carver, confirmed in an email that the lawmakers plan to appeal. Carver says additional details are being worked out.
Two federal judges ruled in recent days that North Carolina’s ban must be struck down because of the 4th Circuit’s ruling earlier this year.
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