HUNTINGTON, W.Va. — A federal judge has lifted his hold on a lawsuit challenging West Virginia’s ban on same-sex marriages.

U.S. District Judge Robert Chambers on Tuesday ordered the state and two county clerks to respond to a motion by plaintiffs by Oct. 21.

The motion filed Monday by attorneys for three same-sex couples asked Chambers to grant their motion for summary judgment based on the outcome of a similar case in Virginia.

The U.S. Supreme Court turned away appeals from a handful of states Monday, including Virginia. The West Virginia case was on hold, pending a decision by the court.

The West Virginia lawsuit filed in 2013 by Lambda Legal says the Kanawha and Cabell county clerks denied the six adults marriage licenses under the state law, effectively denying them many benefits.

The case is McGee v. Cole.

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