But U.S. District Judge Michelle Childs ruled Monday that the case can continue against Attorney General Alan Wilson.
A lesbian couple married in Washington, D.C., is challenging South Carolina’s ban on same-sex marriage. They are suing to force the state to recognize their union and say the law is unconstitutional.
Childs said the plaintiffs have made sufficient arguments and can proceed with their lawsuit against Wilson. She made no ruling on the merits of the couple’s case.
Wilson has argued that this case belongs in state, not federal, court.
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