A second lawsuit has been filed in South Carolina over the right to use a same-sex spouses’ last name:
Each plaintiff was married in another state and chose to change his or her surname but had an application to do so denied by the Department of Motor Vehicles.
The lawsuit is against the state DMV. An agency spokeswoman did not immediately return a message seeking comment.
Earlier this month, a Lexington County woman filed a similar lawsuit challenging the state’s same-sex marriage ban.
Other lawsuits challenging the ban are pending in federal court.
On Oct. 6, the U.S. Supreme Court refused to hear an appeal of a Fourth U.S. Circuit Court of Appeals decision allowing same-sex marriage in Virginia. The ACLU says that ruling is binding on the state of South Carolina, which remains the only state under the 4th Circuit’s jurisdiction still enforcing its same-sex marrige ban.