A Virginia lawsuit concerning same-sex marriage is moving forward. A federal court has denied a motion that was trying to throw out a lawsuit. The suit challenges the state ban on same-sex marriage. The federal court in Harrisonburg did remove Governor McDonnell as a defendent, citing sovereign immunity. But Staunton Circuit Court Clerk Thomas Roberts and the state registrar of vital records, Janet Rainey, remain as defendants. Two couples are listed as plaintiffs: Joanne Harris and Jessica Duff of Staunton, and Christy Berghoff and Victoria Kidd of Winchester.