oklahoma-marriageU.S. District Judge Terence Kern ruled today Oklahoma’s ban on marriage equality is unconstitutional.

Kern ruled on a case that was filed in 2004. The ruling is based on equal protection in the U.S. Constitution.

“Judge Kern has come to the conclusion that so many have before him — that the fundamental equality of lesbian and gay couples is guaranteed by the United States Constitution,” Human Rights Campaign President Chad Griffin said in a statement.

It’s not clear whether Judge Kern is related to Oklahoma state Rep. Sally Kern, who said homosexuality is worse than terrorism.

The ruling is stayed, pending appeal, according to Tulsa World.