A lawsuit is to be filed in the US state of Alabama aiming to lift the ban on the state recognising out-of-state same-sex marriages.

The lawsuit will be filed by a man whose husband was killed in a car accident, as he said hospital staff initially refused to speak with him following the accident.

Filed in Montgomery federal court, the lawsuit aims to overturn the state’s ban on the recognition of same-sex marriages performed in other states.

Paul Hard and David Fancher were married in 2011 in Massachusetts, and Fancher was killed three months later.

Fancher’s death certificate reads “unmarried”, and Hard is not recognised as his surviving spouse in a wrong death lawsuit.