Three people have filed a lawsuit challenging South Carolina's ban on gay marriage after each was denied a drivers license.

The ACLU of South Carolina and SC Equality filed the suit Friday in federal court on behalf of Judith Haas, Brandon Velez and Damari Indart, each of whom married a partner of the same sex in another state and decided to change his or her surname.

In each case, the South Carolina Department of Motor Vehicles (SCDMV) said that it could not issue a drivers license because it could not recognize the out-of-state marriages of gay couples.

“SCDMV refused to recognize the original marriage licenses presented by each of the Plaintiffs as evidence of a name change because the SCDMV determined that the Plaintiffs did not have the prerogative to change names as the person each plaintiff married was of the same sex,” the complaint states.

Victoria Middleton, executive director of the ACLU of South Carolina, said in a statement that the agency had violated the plaintiffs' constitutional rights.

“The Department of Motor Vehicles should not be in the business of deciding whether or not a marriage is valid,” Middleton said. “It may demand proper documentation of a name change in order to guard against fraud. It is unconstitutional, however, to treat citizens differently who present exactly the same documentation. There is no rational basis to assume that a person married to someone of the same sex is more likely to change his or her name fraudulently than someone married to a person of a different sex.”

The lawsuit is the fourth to challenge the state's ban.

South Carolina is the lone state resisting a Fourth Circuit Court of Appeals ruling striking down Virginia's ban as unconstitutional. The court's ruling took effect earlier this month after the Supreme Court refused to hear appeals in the case.

In each of the four cases, a federal judge is being asked to force South Carolina to comply with the ruling and allow gay couples to marry in the state.