A federal judge in Norfolk has scheduled the first hearing in a lawsuit challenging Virginia's gay marriage ban to take place on Thursday, January 30.

The American Foundation for Equal Rights (AFER) joined the suit in September. AFER lawyers Ted Olson and David Boies represented two gay couples who were each denied a marriage license because of Proposition 8, California's 2008 voter-approved constitutional amendment limiting marriage to heterosexual couples. The case reached the Supreme Court, which in June ruled that defendants did not have legal standing in the case. A lower court order invalidated the amendment and the marriages of gay couples in California resumed.

Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia will preside over the hearing in Bostic v. Rainey, which was filed in July.

Plaintiffs in the case include Timothy Bostic and Tony London, who have been together nearly 25 years, and Carol Schall and Mary Townley, who are raising a 15-year-old daughter and whose California marriage is not recognized by the state.

Olson told The Washington Post that Virginia is an “attractive target” because its amendment rejects all forms of recognition.

“The more unfairly people are being treated, the more obvious it is that it's unconstitutional,” Olson told the paper.

While state officials have energetically defended the amendment, approved by voters in 2006, incoming Governor Terry McAuliffe, a Democrat, has said he supports allowing gay couples to marry.

(Related: Bills seeking to legalize gay marriage introduced in Virginia.)