Federal appeals judges heard arguments tuesday both for and against the gay marriage bans in Indiana and Wisconsin.
The three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago heard 20 minutes of arguments from each side.
One Republican appointee compared the bans to now-defunct laws that once outlawed weddings between blacks and whites.
The bans were ruled unconstitutional in June but the decision was put on hold while the appeal takes place.
A voter-approved constitutional amendment bans gay marriage in Wisconsin. State law prohibits it in Indiana. Neither state recognizes same-sex marriages performed elsewhere.
Gay marriage is currently legal in 19 states and the District of Columbia.
Indiana Solicitor General Thomas Fisher said that “All this is a reflection of biology, men and women make babies, same-sex couples do not… we have to have a mechanism to regulate that, and marriage is that mechanism.”
There is no word on when a decision will be reached and handed down but it is all but certain that no matter the decision it will be appealed to the U.S. Supreme Court.