The Nebraska Attorney General’s Office is asking the courts to put a hold on a federal lawsuit challenging its denial of marriage licenses to gay couples until the Supreme Court can take on the issue.

Assistant Attorney General David Lopez said that even if the court had directed the state to allow same-sex marriages, they would simply appeal to the Eighth Circuit and then seek a stay in that court, according to a Columbus Telegram report.

The American Civil Liberties Union of Nebraska says they’ll fight the state’s motion. The organization has filed suit in the U.S. District Court of Omaha on behalf of seven couples who want to establish a right to marry in the state.

The ACLU wants to move forward with a hearing scheduled for next week on its request for Nebraska to stop enforcing the gay marriage ban that voters approved in 2000.

If the motion is approved, the judge would direct the Nebraska Department of Health and Human Services to allow couples to apply for marriage licenses regardless of what their genders were, and to alter the forms so that there is a blank space for bride and groom.

Danielle Conrad, the Nebraska ACLU’s executive director, said the state was out of step with both the majority of the country and with the Midwest region in terms of gay marriage. She added that each day that delays couples’ rights to get married is harming Nebraskans through discrimination.

However, the attorney general’s office is arguing that a stay on the proceedings is warranted in lieu of the Supreme Court’s decision on the matter. The office pointed to the South Dakota federal court, which had also stayed its own decision after hearing on Jan. 16 that the Supreme Court intended to hear cases on the issue.

The Supreme Court will decide whether the 14th amendment’s guarantee of equal protection under the law applies to gay marriage.