But the 7th Circuit Court of Appeals said Tuesday that Wisconsin could file its own request.
Dana Brueck, a spokeswoman for the Wisconsin Department of Justice, tells the Milwaukee Journal Sentinel she expects the department would file separately to have all 10 judges on the appeals court hear the case rather than a three-judge panel.
The court combined the Wisconsin and Indiana cases last week to be reviewed together.
The court also gave the attorneys defending Wisconsin's gay marriage ban the opportunity to file an additional brief in the case. That brief will be due Aug. 11.