BISMARCK, N.D. (AP) — Nearly two times as many same-sex couples from North Dakota have filed for marriage licenses across the border in Clay County than Minnesotans have.

Greg Kabel

Deputy Recorder Lisa Kunze says 40 of the 68 same-sex marriage licenses filed in the county have been between two North Dakotans. Five more involved one North Dakota resident.

Same-sex marriage became legal in Minnesota in August.

A lawsuit filed by six couples in South Dakota two weeks ago left North Dakota as the only state in the country with an unchallenged constitutional ban on same-sex marriage.

The Minneapolis-based attorney behind that lawsuit has said he’s considering a similar motion in North Dakota. Advocates and opponents alike say a challenge wouldn’t be surprising.