The appeal filed Monday with the Fourth Circuit Court of Appeals in Richmond says a lower court erred by dismissing the challenge in September.
A judge ruled then that two gay couples and an interracial couple lacked standing to sue and lacked evidence they were harmed by the law that took effect in 2015.
Only a fraction of North Carolina's magistrates have filed recusal notices. The notices prevent them from officiating at all marriages — gay and heterosexual — for at least six months.
The law also allows some court clerks to decline to issue marriage licenses because of "any sincerely held religious objection."
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