LINCOLN, Neb. (AP) — Nebraska Attorney General Doug Peterson says the state should not be forced to recognize gay marriages until the matter is decided by the U.S. Supreme Court.

Peterson filed a motion Tuesday with the 8th U.S. Circuit Court of Appeals for an emergency stay. The filing came a day after U.S. District Judge Joseph Bataillon struck down Nebraska’s gay marriage and civil union ban as unconstitutional.

Bataillon ordered that his ruling not to go into effect until March 9, to give the state time to appeal.

The 8th Circuit is expected to decide by next Monday whether to grant the emergency stay.

The U.S. Supreme Court has said it will decide whether same-sex couples have the constitutional right to marry everywhere in the U.S. A decision is expected by late June.