Hawaii Gov. Neil Abercrombie should remain as a defendant in a lawsuit against the state by two women who want to get married, but he believes a ban on same-sex marriage is unconstitutional, a lawyer representing him said in court Tuesday.

U.S. District Court Judge Alan C. Kay heard lengthy arguments on the merits of the lawsuit by Oahu couple Natasha Jackson and Janin Kleid, who want to be married and not simply enter into a civil union. They say they need to be married in order to get certain federal benefits. Co-plaintiff Gary Bradley wants to be able to marry his foreign national partner to help him change his immigration status, said John D'Amato, who is representing the plaintiffs.