A New Jersey gay couple whose engagement photo turned up in widely distributed anti-gay-rights campaign literature have filed suit against the Virginia nonprofit group behind the mailing, reports The Washington Post.

In a complaint filed Wednesday in federal court, Tom Privitere and Brian Edwards seek unspecified monetary damages for the “mental distress and anguish” they say was caused by the alleged theft and misuse of the photo by Public Advocate of the United States.

The a 501(c)(4) group was founded by Eugene A. Delgaudio, a Loudoun County, Va., supervisor, to oppose what he calls a “radical homosexual” agenda and has a history of provocative mailings and demonstrations. It has been branded a “hate group”  by civil-rights organization the Southern Poverty Law Center, which is representing the couple.

The image of the two kissing was used by Public Advocate in fundraising mailers aimed at Colorado state legislators who support same-sex civil unions. Mr. Delgaudio told the Post that he is “looking into” the matter, but he declined to comment further on the lawsuit.