The first case to challenge Pennsylvania’s ban on same-sex marriage shouldn’t leap past its June trial date in order to go to the Third Circuit, the plaintiffs argued in response to the Corbett administration’s motion for interlocutory appeal.

The administration wants the U.S. Court of Appeals for the Third Circuit to settle what it sees as an open question of law—the bearing of a 1972 U.S. Supreme Court decision on the multiple challenges to Pennsylvania’s ban on same-sex marriage.