Both the state of Arizona and gay couples suing it over its same-sex marriage ban, have asked a judge to rule in the case without a trial.

Attorneys for both sides spoke to US District Judge John Sedwick on Monday, asking him to rul based on arguments which will be filed by both sides soon, reports the Associated Press.

The gay and lesbian couples suing the state argue that the equal protection and due process clauses provided by the US Constitution are violated by the ban, as they are unable to marry.

The case will be heard following appeals from Idaho and Nevada at the 9th US Circuit Court of Appeals, in cases on those states.