American Civil Liberties Union attorneys representing eight same-sex couples challenging the ban filed an objection Monday to the state's request that the entire appeals court hear the arguments.
The ACLU says that would delay the appeal and put a burden on the court without any benefit.
Federal judges have struck down bans in both Wisconsin and Indiana. The 7th Circuit Court of Appeals consolidated the cases. Oral arguments were originally scheduled for Aug. 13, but the court has canceled that and not yet set a new date.
Ten judges sit on the 7th Circuit but three-judge panels typically decide cases.