Three West Virginia couples are challenging the constitutionality of the state's gay marriage ban.

New York-based Lambda Legal is representing 3 gay couples and the child of one couple.

In its complaint filed Tuesday in U.S. District Court in Huntington, Lambda Legal declared that West Virginia's law limiting marriage to heterosexual couples violates the 14th Amendment of the U.S. Constitution.

“The right to marry the person of one's choice, and to direct the course of one's life in this intimate realm without undue government interference is one of the fundamental liberty interests protected for all by the Due Process Clause of the United States Constitution,” the group said in its filing. “The State's exclusion of plaintiff couples and other same-sex couples from marriage violates their fundamental right to marry.”

Nancy Michael, 43, and Jane Fenton, 45, are one of the plaintiff couples, along with their six-year-old son Drew.

“We have done everything we can to protect and take responsibility for family, but we worry all the time that it isn't enough,” Michael told reporters during a press conference. “We need the protection that marriage affords.”

“It is not fair that my two mommies cannot get married,” Drew said of his parents who have been together 16 years.