Nebraska will join the growing list of states allowing same-sex marriage soon, but couples there will have to wait. A federal judge struck down the state’s ban, but the state filed an appeal.

U.S. District Judge Joseph Bataillon said that same-sex marriage could start in the state on March 9, reports The Omaha World-Herald. However, the state immediately filed an appeal.

Bataillon followed Nebraska Attorney General Doug Peterson’s request to not have gay marriage allowed instantly to avoid “chaos.” (That’s what happened in Utah, where same-sex marriages were halted after the state appealed and the Supreme Court put a halt to it. Same-sex marriage became official in Utah in October 2014.)

Nebraska Gov. Pete Ricketts said he plans to work with Peterson to defend the state’s ban, adding that, “An activist judge should not substitute his personal political preferences for the will of the people.”

The Associated Press notes that Nebraska’s ban on same-sex marriage was passed by voters in 2000.

In January, the Supreme Court said that it would finally hear cases from Ohio, Kentucky, Tennessee and Michigan, which would require the Court to finally issue a ruling on the constitutionality of same-sex marriage. At the moment, same-sex marriage is already allowed in 37 states and Washington, DC.