"While we are disappointed that the judge ruled on a technicality, we are heartened that he acknowledged the real problems and pain in allowing laws like this to stand," Brian Silva, Executive Director of Marriage Equality USA, told NBC OUT.
The plaintiffs' lawyers filed a notice Wednesday that they'll appeal Tuesday's ruling to the 4th U.S. Circuit Court of Appeals.
"We are confident the law will eventually be overturned because our country already protects religious freedom without allowing it to be used to discriminate," Silva said.
North Carolina is one of only two states (Utah being the other) with such religious-objection laws that are being enforced. About 5 percent of North Carolina's magistrates have filed recusal notices.