U.S. Magistrate Judge Carolyn Ostby ruled Monday that Nathan, Victoria and Christine Collier must show that the laws have harmed them, or that they have been threatened with prosecution, before they can file a lawsuit.

Ostby's ruling is not the final say. Her findings and recommendations can be upheld or rejected by U.S. District Judge Susan Watters.

Nathan Collier says he was inspired to file the lawsuit after the U.S. Supreme Court ruling that allowed gay marriage.

He is legally married to Victoria and wants to also legally wed his common-law wife, Christine.

Their marriage license application was denied in June.