CHARLESTON, S.C. (AP) — South Carolina's attorney general is asking a federal judge to toss out a challenge to the state's gay marriage ban.

Attorney General Alan Wilson argues in court documents filed Monday that a federal case brought by a same-sex couple in Charleston should be dismissed. He cites last week's federal appeals court decision upholding such bans in other states

Wilson said the Sixth U.S. Circuit Court of Appeals decision that states have the right to set rules for marriage supports South Carolina's constitutional ban on same-sex marriage. Wilson noted the decision came in a case in which a court found no fundamental right to same-sex marriage.

The Charleston couple has asked a federal judge to rule in their favor without a trial.