A federal judge in San Antonio has struck down Texas’ ban on gay marriage, declaring it unconstitutional but allowing it to remain in place pending an appeals court ruling.

District Judge Orlando Garcia granted an injunction against the ban Wednesday. The case stems from two same-sex couples — including one from Austin — who sued to overturn the state law.

Earlier this month, the couples argued they should be granted equal opportunity rights under the U.S. Constitution, despite the state’s law. Attorneys for the state have maintained that the voters overwhelmingly approved the amendment in 2005 that put the ban on the books.

Despite the judge’s ruling, same-sex couples won’t be able to get married right now. Garcia issued a stay, meaning the law stays on the books while the state appeals the decision.