US: North Dakota couples ask judge to bypass trial in same-sex marriage lawsuit

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Seven same-sex couples challenging North Dakota’s same-sex marriage ban are asking a judge to bypass a trial and issue an immediate ruling.

Minneapolis attorney Joshua Newville, who is representing the couples, filed a motion for summary judgment late Tuesday.

A move for summary judgment has been common in other states facing marriage equality lawsuits, including recent moves in Arizona and Arkansas.

Newville said to The Guardian: “We all agree that North Dakota denies loving, committed same-sex couples recognition of their marriages. That is not in dispute.

“This is a constitutional issue and North Dakota is in violation of the constitution by refusing to marry couples and to recognise marriages from other states and jurisdictions.”

The attorney general’s office asked a judge to dismiss the lawsuit earlier this month, saying states have the right to define marriage themselves. 

The seven couples filed their lawsuit in early June. North Dakota was the last state to have their same-sex marriage ban challenged.

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