If the woman known as M.E. had lived with her girlfriend in North Carolina, she could have gotten significant legal protection once their relationship turned abusive. She would also have been eligible for that help—a domestic violence protective order—if her ex had been a man.

But because she did not share a home with her same-sex partner, a judge said she could not use the threat of jail to try to keep her alleged abuser away. That decision—and the state statute behind it—are now being challenged in the state’s Court of Appeals by the American Civil Liberties Union, with the support of the state’s attorney general.

It’s unclear how many people would be affected if the court rules in favor of M.E., who is identified in court documents only by her initials. But social workers and legal experts say that a favorable ruling would encourage people who are being abused to seek help.

“There are huge barriers for people coming forward, generally,” said Todd Brower, a law professor who trains judges and court personnel about LGBT issues through the Williams Institute at UCLA’s law school.

The situation is particularly acute in North Carolina, he said, because of the state’s historic antipathy to queer people. Just last month, the state agreed to stop banning people from using the public bathrooms that match their gender identities; in February, state legislators introduced a bill that would redefine same-sex unions as “parody marriages.” Read more via the Marshall Project