A spokesman for the Montana attorney general says the state will move to delay its appeal of a ruling that the state's ban on same-sex marriage is unconstitutional.

John Barnes said Friday that Republican Attorney General Tim Fox wants to wait because the U.S. Supreme Court plans to take up the issue this term.

Barnes says it doesn't make sense to spend time and money on the case when the federal court's decision will affect Montana.

Four same-sex couples filed a lawsuit in May challenging Montana's voter-enacted ban on gay marriage. A federal judge tossed out the ban in November.

Montana ACLU legal director Jim Taylor said this week the plaintiffs do not object to delaying the proceedings until after the U.S. Supreme Court rules.

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