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A San Antonio judge has blocked the state’s effort to halt a divorce and child custody case involving a same-sex couple.

The Texas Attorney General’s office argued Wednesday before State District Judge Barbara Nellermoe that it has an interest in defending Texas’ ban on same-sex marriages.

Nellermoe refused to allow the state to intervene in the case. She previously ruled Texas restrictions on same-sex marriage are unconstitutional.

The San Antonio Express-News reports state attorneys have said they’ll appeal the decision.

Nellermoe’s ruling comes in the case of Kristi Lesh and Allison Flood Lesh, who were married legally in Washington in 2010.

The women have a 15-month-old daughter and Nellermoe has set a custody hearing for later this month.