PORTLAND, Ore. – A federal court may decide whether Oregon overturns its same-sex marriage ban even before voters have a say.

A lawsuit filed in Eugene on Tuesday says the 2004 ban is unconstitutional.

KATU's news partners at Willamette Week broke the story.

The lawsuit names Gov. John Kitzhaber and Attorney General Ellen Rosenblum.

The lawyers who filed the lawsuit told Willamette Week it would be faster and cheaper than trying to get the issue on the ballot.

The lawsuit was filed on behalf of two gay couples.