The American Civil Liberties Union wants U.S. District Judge Barbara Crabb to issue a temporary order nullifying the ban while she weighs the organization's lawsuit challenging it.
Crabb said Tuesday a number of federal courts have stayed such temporary orders in similar gay marriage lawsuits. She said it would serve little purpose to issue one just to stay it.
She said ACLU attorneys have until March 11 to file a brief persuading her that the injunction would be appropriate in light of the other cases and whether an expedited court schedule would serve the same purpose.
ACLU attorney John Knight the organization will file the brief by the deadline.