NORFOLK -- Dozens of protesters stood outside U.S. District Court in Norfolk Tuesday, as the ban on same-sex marriage went before a judge.

The Family Foundation, the Family Research Council Action and other traditional marriage supporters held a 'Stand Up For Marriage' rally at 9 a.m. at the federal courthouse.

'When you take an oath to defend the constitution of the Commonwealth of Virginia you do not get to pick which parts of the constitution you choose to defend and uphold,' said Alison Howard of Concerned Women for America.

One protester told 13News Now, 'Children have a right to a mother and father. Preserve traditional marriage. Preserve the constitution. We the people voted. It's our law.'

About a dozen same-sex marriage supporters, including clergy and some holding banners from metropolitan community churches were also protesting.

Robert Roman of Virginia Beach, who was married to his husband in San Francisco in 2008, said he hopes history will be made inside the courtroom.

'We are just looking forward to being able to have those same rights here, today, in this courthouse. We are going to see history being made. We are going to be one of the first southern states to legalize same sex marriage,' Roman said.

Monday night, local LGBT community leaders and supporters held a vigil in front of the same courthouse where oral arguments in the Bostic v. Rainey case will take place.

In court Tuesday, the state and plaintiffs present their case for Judge Arenda L. Wright Allen. The defendants will then make their arguments against gay marriage. Solicitor General Stuart Raphael will argue in court on behalf of the Commonwealth. Both sides will then make their closing arguments. The judge is expected to take the arguments under advisement and issue her ruling at a later date.

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