A federal judge in Michigan on Monday said he would allow a challenge to the state's ban on gay adoption to proceed.

Judge Bernard Friedman said that the lesbian plaintiffs behind the case are “entitled to their day in court and they shall have it,” according to the Detroit Free Press.

At the suggestion of Friedman, April DeBoer, 42, and her partner Jayne Rowse, 48, of Hazel Park amended their lawsuit seeking to jointly adopt their three foster children to instead challenge the constitutionality of Michigan's 2004 voter-approved amendment limiting marriage to heterosexual unions. Because they aren't married the couple cannot jointly adopt Nolan, 4, Jacob, 3, and Ryanee, 3.

In March, Friedman said that he would wait to see how the Supreme Court ruled in two gay marriage cases before deciding whether to grant the state's request to dismiss the lawsuit.

Friedman noted the high court's opinions in his ruling: “That is exactly the type of harm plaintiffs seek to remedy in this case.”

A July 10 hearing will consider setting up a trial date.