A Florida judge has ruled that same-sex marriage is unconstitutional.
Judge Brian Smith on Wednesday denied the motion to dismiss the case of two Florida couples who sought to wed after a judge said it was not legal to do so in their state.
The ruling is a victory for gay couples who had argued that a constitutional amendment banning same-gender marriage did not apply in Florida, but Smith said he would allow a stay pending appeal.
The couple who filed the suit were married in a state with a ban on same-day marriage and were not aware of the other couple’s petition to marry until the judge issued his ruling.
Smith said in a written ruling that the couple should not have been required to wait for the next scheduled same-fertility day to be recognized by the state, which would have been June 14.
They were not informed that the judge had ordered a stay on the marriage for another week, he said.
The two couples, who live in Florida but are married in Florida now, have appealed the ruling to the state Supreme Court.
In January, the state court ruled that the state’s same-marriage ban does not violate the U.S. Constitution.