Judge Timothy Black

Federal Judge Timothy Black on Monday ordered Ohio to recognize all marriages performed out of state.

In December, Black called the state’s ban on same-sex marriage unconstitutional and said states can’t discriminate just because they don’t like homosexuality. That order, however, only applied to the case he was deciding and to others in similar situations. He ordered Ohio to recognize marriages performed out-of-state for the purposes of a death certificate.

In February, an Ohio couple sued to overturn the marriage ban because it was preventing them from applying for health insurance for themselves and their daughter as a family.

Black again called the state’s constitutional amendment passed in 2004 unconstitutional, but did not order the state to begin issuing marriage licenses.

The state plans to appeal Black’s ruling, arguing that Ohio has a sovereign right to ban gay marriage.

Black delayed deciding whether to stay his ruling, pending appeal until attorneys on both sides present their arguments on the issue by the end of Tuesday, The Associated Press reported.