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Lawsuit challenges North Dakota gay marriage ban as same-sex couples win right to marry in Wisconsin

BY KEVIN BURBACH
ASSOCIATED PRESS

BISMARCK, N.D. -- Seven couples filed a federal lawsuit Friday challenging the constitutional prohibition on same-sex marriage in North Dakota, making it the last state in the country with a ban to be sued by gay couples seeking the right to wed in their home state. A federal judge also struck down Wisconsin's ban, ruling it was unconstitutional.

The North Dakota lawsuit, filed in federal court in Fargo, challenges both that state's ban on gay marriage and its refusal to recognize the marriages of same-sex couples who legally wed in other states.

That means cases are currently pending in all 31 states with gay marriage bans. Judges have overturned several state bans since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last year, with Wisconsin being the latest. Many of those rulings are being appealed, and Wisconsin Attorney General J.B. Van Hollen vowed to do the same.

Clerks in Madison and Milwaukee began issuing marriage licenses to same-sex couples soon after the ruling, despite confusion over the effect of the ruling. Van Hollen asked for an emergency court order halting gay marriages.

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