Yesterday Judge Max Cogburn dismissed Ansley et al. v. Warren, a lawsuit against a North Carolina law that provides a religious accommodation for magistrates who object to officiating or granting marriage licenses for same-sex couples. Incidentally, Cogburn, an appointee of President Obama, had previously issued an injunction against North Carolina’s recognition of biblical marriage.

The district court ruled the plaintiffs lacked standing to challenge SB2 because none of the plaintiffs had been denied a marriage license by North Carolina officials. The plaintiffs’ sole allegation of injury was that recognizing exemptions and protection for magistrates with sincerely held religious beliefs against performing same-sex marriages amounted to discrimination against the plaintiffs, even though all of them had received marriage licenses. Judge Cogburn said the plaintiffs’ objection to SB2’s protection of religious beliefs was insufficient to establish any actual injury.

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