(AP) — A Lancaster County judge won’t block a lawsuit filed for three same-sex couples challenging a Nebraska policy that bars them and all unmarried couples from serving as foster parents.

The state had sought dismissal of the case, saying the plaintiffs had no standing and had failed to state a claim.

But Judge John Colborn said in a ruling issued last week that there was no evidence presented as to whether the policy could survive judicial scrutiny, so he allowed the case to go forward.

The lawsuit filed for the couples last August by the Nebraska and national American Civil Liberties Union argues that the policy discriminates against would-be foster parents based on their sexual orientation.