Judge Hears Arguments In Same-Sex Marriage Case

A federal judge seems inclined to let a legal challenge continue over North Carolina's law allowing magistrates to refuse to marry same-sex couples, but only if those suing prove they have the right to file the legal action.

At a hearing Monday in Asheville, lawyers for same-sex couples said magistrates must follow the law. They said that when taxpayer money is spent on judges who refuse a legal duty, they have the right to sue.

Lawyers for the state Attorney General's office countered that the plaintiffs must prove they suffered more direct harm. They said the law allows other magistrates not religiously opposed to gay marriage to perform the ceremonies.

U.S. District Judge Max Cogburn didn't rule immediately, but did indicate he likely won't let lawyers for Republican legislative leaders to be added to fight the lawsuit.