A lesbian couple from Rhode Island are hoping to marry in Massachusetts by arguing that their state does not directly ban gay marriage.

Massachusetts, the only US State which allows same sex couples to marry, bans non residents from taking advantage of the law.

But lawyers for Mary Norton and Wendy Becker told a Suffolk County Superior Court judge yesterday that it should not apply to them because Rhode Island does not have an open prohibition.

Michele Granda, a lawyer at Gay Lesbian Advocates Defenders told the Reuters news agency, “If we’re successful on the present facts in Rhode Island, it’s possible that other states that don’t have a discriminatory marriage law against same sex couples might also be able to prove that they are entitled to marry in Massachusetts.”

Massachusetts has allowed gay marriages since 2004.

The US Senate recently rejected a proposal to ban gay marriage in the Constitution by defining it as a male-female union.