North Dakota State Rep. Says He's "Confident" State's Anti-Gay Marriage Laws Will Get Legal Challenge

State Rep. Josh Boschee, a Democrat from Fargo and North Dakota’s first openly gay lawmaker, says he’s “confident” that North Dakota’s anti-gay marriage laws will see a legal challenge soon.

As I’ve written previously, North Dakota is now the only state in the union that has anti-gay marriage laws on the books that haven’t yet been challenged. The law was created back in 2004 with more than 73 percent of North Dakotans voting to put the language into the state constitution.

Rep. Boschee told me during an interview on the Jay Thomas Show on Friday (I was guest hosting) that he knows of “several” gay couples in the state that have discussed a possible lawsuit with legal counsel. The impression I got from Boschee is that a lawsuit is imminent.

I also spoke with Boschee about whether or not a lawsuit over the law is appropriate, or if it would be better if the law were changed through the Democratic process. Boschee told me he’s not concerned about the potential divisiveness of a legal fight, describing equal treatment under the law as a right and something the majority cannot deny the minority.