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Gay marriage advocates want a federal judge to quickly overturn North Carolina's ban on same-sex unions after an appeals court ruling to overturn a similar prohibition in Virginia.

Federal Judge William Osteen in Greensboro has put no timeline on when he might rule over whether North Carolina's same-sex marriage ban can stay in place.

The American Civil Liberties Union says in a new court filing the judge should quickly overturn North Carolina's ban since the 4th U.S. Circuit Court of Appeals ruled last month that Virginia's similar marriage ban is unconstitutional.

North Carolina Attorney General Roy Cooper has said it's "futile" to continue fighting the lawsuit. His office took no position this week on what should happen to the lawsuit but noted North Carolina's law is indistinguishable from Virginia's.