A federal judge in Oregon will be making that decision.

Representatives from the National Organization for Marriage will be arguing in front of the judge Wednesday since Oregon's Attorney General felt the law was indefensible.

Peter Zuckerman with Oregon United for Marriage says supproters of gay marriage will be at the hearing in Eugene.

"We're very hopeful.  So far every federal judge that has looked at this issue in the last year and a half has ruled on the right side of history.  So we're very hopeful he will allow same sex couples to marry in Oregon."

The judge could rule as early as Wednesday, but if he fails to rule by May 23rd-- Oregon United for Marriage has petitions with the necessary signatures to put the issues on the November ballot.