A federal judge on Tuesday denied a motion to delay arguments in a case challenging Oregon's ban on gay marriage.

The National Organization for Marriage (NOM) filed a motion to intervene in the case on Monday, two days before arguments were scheduled before U.S. District Judge Michael McShane.

As of Sunday, no legal arguments for upholding the ban, approved by voters in 2004, had been submitted. The state called the ban legally indefensible in court documents.

NOM also asked the court to delay Wednesday's hearing.

“A continuance would allow NOM an opportunity to prepare a final and more comprehensive brief in opposition and also allow Plaintiffs an opportunity to file Reply briefs addressing the substantive legal issues that NOM will raise in its brief in opposition,” NOM explained in its request.

The motion “is DENIED as untimely,” McShane ordered.

McShane also asked parties to file briefs on the motion to intervene by May 9 and set a May 14 date for oral arguments.