Lawyers for a couple fighting the Guam Governor over same sex marriage say stalling the case is an ongoing violation of their clients' rights.
Last month two women launched legal action after being refused a marriage licence.
Despite the Attorney-General saying a licence should be issued the Governor has stood firm, asking for a stay until a similar case is resolved by the US Supreme Court in June.
Lawyer Mitchell Thompson says the court is obligated to follow precedence set by the 9th Circuit Court of Appeals, which has jurisdiction over Guam.
Mr Thompson says the Surpreme Court case may not have a definitive conclusion and forcing his clients to wait is wrong.
"Unless and until that ruling from the Ninth Circuit Court is set aside, the law as of today is that bans on same sex marriage violate the United States Constitution and so every day that the Governor tells wait is a day that their rights have been violated. They shouldn't have to wait. They should be based on controlling court decisions. They should be allowed to marry today."