State supreme court upholds circuit court ruling on civil rights case

CHARLESTON, W.Va. (AP) – The West Virginia Supreme Court has upheld the dismissal of felony civil rights charges against a former Marshall University football player accused in an attack on two men he saw kissing.

The justices voted 3-2 Tuesday to send the case of Steward Butler back to Cabell County Circuit Court.

The justices ruled state code does not address sexual orientation, and that lawmakers have rejected attempts to include sexual orientation since the law was enacted three decades ago.

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