Judge lets SC same-sex marriage lawsuit proceed

COLUMBIA, S.C. (AP) — A federal judge says the primary challenge to South Carolina’s ban on same-sex marriage may proceed.

U.S. District Judge Michelle Childs on Monday dismissed Gov. Nikki Haley as a defendant but sayd 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.

Wilson has argued that this case belongs in state, not federal, court.

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 but said they have standing to bring it.

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Kinnard can be reached at http://twitter.com/MegKinnardAP