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Attorney seeks ruling in ND gay marriage case

BISMARCK, N.D. (AP) -- The attorney representing the seven same-sex couples challenging North Dakota's gay marriage ban has asked a judge to bypass a trial and issue a ruling.

Minneapolis-based attorney Joshua Newville filed the motion for summary judgment late Tuesday. In the same memorandum Newville included a response to the state's motion to dismiss the case.

Newville filed a lawsuit in U.S. District Court in June. The lawsuit challenges a voter-approved 2004 constitutional amendment banning gay marriage that passed with 73 percent of the vote.

The motion says there are no material facts in dispute in the case and says the plaintiffs are entitled to summary judgment as a matter of law.

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