SIOUX FALLS, S.D. (AP) — A federal judge has declared South Dakota’s same-sex marriage ban unconstitutional, but has stayed the decision pending appeal.

U.S. District Judge Karen Schreier on Monday issued a summary judgment in favor of the six couples who filed the lawsuit. The federal complaint challenges both South Dakota’s ban on gay marriage and its refusal to recognize marriages of same-sex couples who legally wed in other states.

Attorney Josh Newville is representing the couples. He says he looks forward to “calling his clients and informing them of the news.”

A spokeswoman for South Dakota Attorney General Marty Jackley didn’t immediately return a call seeking comment. Jackley has said he’s obligated by law to defend both the state constitution and state statutes. Jackley is among the defendants that also include Gov. Dennis Daugaard.