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North Dakota's same-sex marriage ban challenged by lawsuit

The suit was brought by attorney Josh Newville, the same lawyer suing South Dakota for its ban on same-sex marriage.

By Matt Bradwell
Gayle Bresnahan (L) and Patricia Deleo kiss after their wedding. (UPI Photo/Earl S.Cryer)
Gayle Bresnahan (L) and Patricia Deleo kiss after their wedding. (UPI Photo/Earl S.Cryer) | License Photo

BISMARCK, N.D., June 6 (UPI) -- North Dakota is no longer the only state without an unchallenged constitutional ban on same-sex marriage, as seven gay and lesbian couples are suing the state for their right to wed. The lawsuit was filed Friday with the U.S. District Court in Fargo.

The blanket-suit challenges both North Dakota's constitutional amendment defining "marriage" to exclude same-sex couples and the state's refusal to recognize same-sex marriages performed elsewhere. Prohibiting same-sex couples from being married is "an irreparable denial of their constitutional rights," according to the suit.

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North Dakota was the only state in America without a pending, successful or unneeded lawsuit against its constitutional ban on same-sex marriage. The lawsuit was filed by Minneapolis attorney Josh Newville, who is also representing same-sex couples in neighboring South Dakota in their suit against against the state.

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