MIAMI, Fla. -

The attorney for a gay couple is asking a Florida Keys judge to lift a stay in his ruling that Florida's ban on gay marriage is unconstitutional.

The motion was filed Monday morning with Monroe County Circuit Judge Luis Garcia. The judge ruled last week that the ban on same-sex marriage added to the state constitution by Florida voters in 2008 is discriminatory and violates gay people's right to equal treatment under the law.

Garcia ruled marriage licenses could be issued in Monroe County beginning Tuesday. That was blocked by an automatic stay triggered when Republican Attorney General Pam Bondi filed notice of the state's appeal.

It wasn't immediately clear when Garcia might rule.

Lawsuits challenging Florida's gay marriage ban are also pending in Miami-Dade County and Tallahassee federal court.