If federal Judge Barbara Crabb strikes down the ban, Att. Gen. J.B. Van Hollen wants her to place a hold on her order, while litigation continues.
The Republican AG filed his motion Friday, requesting that the judge keep the law in place, while he would consider appeals.
Last week, Van Hollen indicated that he expects Wisconsin to lose its case over its same-sex marriage ban. Voters approved placing the restriction in the state constitution several years ago.
The American Civil Liberties is suing, insisting the ban denies gay couples the civil rights that other married couples enjoy.