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MADISON, Wis. -State attorneys have asked a federal judge to dismiss a lawsuit challenging Wisconsin's gay marriage ban.

State Justice Department attorneys filed a brief Thursday asking U.S. District Judge Barbara Crabb to throw the case out. They contend the right to marry doesn't include the right to gay marriage. They also argue the ban doesn't nullify gay marriages performed out of state — it simply doesn't recognize them — and plaintiff couples who married out-of-state aren't in danger of being prosecuted.

ACLU attorney John Knight didn't immediately return a message.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Attorneys ask judge to toss gay marriage case Thursday, March 20 2014, 08:05 PM CDT

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