GayTexasFlagA federal judge has declined to allow Texas same-sex couples to marry before the Fifth Circuit Court of Appeals can rule on the case.

U.S. District Judge Orlando Garcia in San Antonio declared Texas’ same-sex marriage ban unconstitutional in February. But he stayed the ruling anticipating an appeal by Texas officials. Then–Attorney General and now Governor-elect Greg Abbott, a Republican, filed an appeal.

The Fifth Circuit has scheduled a hearing for Jan. 9 for the Texas case as well as for Mississippi and Louisiana.