( CNN ) -- Months after ruling that Kentucky must recognize same-sex marriages performed in other states , a federal judge decided Tuesday that the state must conduct them as well . U.S. District Judge John G. Heyburn II on Tuesday ruled that Kentucky 's same-sex marriage ban is unconstitutional , saying it violates the U.S. Constitution 's guarantee of equal protection under the law . Heyburn 's decision -- like his earlier one -- will not go into immediate effect at least until the 6th Circuit Court of Appeals rules on the matter . The state appealed the first case , and Kentucky 's governor indicated Tuesday the state also will appeal the latest ruling . Heyburn ruled Thursday in a case brought by two same-sex couples who argued the state 's law violated their rights . `` Ultimately , Kentucky 's laws banning same-sex marriage can not withstand constitutional review , '' Heyburn wrote in a 19-page opinion . He cited in part the Supreme Court 's decision last year to strike down a federal law known as the Defense of Marriage Act , which had denied legally married same-sex couples the same federal benefits , including tax breaks , available to heterosexual couples . `` Assuring equal protection for same-sex couples does not diminish the freedom of others to any degree , '' Heyburn wrote . The office of Kentucky Gov . Steven Beshear said the state would appeal Tuesday 's ruling , like Heyburn 's earlier decision , `` so that the matter is fully before the 6th Circuit . '' In February , Heyburn ruled that Kentucky 's refusal to recognize out-of-state same-sex marriages violates the 14th Amendment 's equal protection clause , the same rationale he used Tuesday , . Beshear , a Democrat , hired outside lawyers to defend the out-of-state ban , after his attorney general tearfully refused in March to take part in any further legal challenges . Beshear contended that `` Kentucky should be part of this process '' until the Supreme Court weighs in . Laura Landenwich , the lead attorney for the plaintiffs in Tuesday 's case , said her clients were elated but still `` looking forward to that day when they can wed. '' `` We regret that the commonwealth will spend more money on this appeal at certainly an unnecessary taxpayers ' expense , but we 're glad that ( Beshear has ) already made the decision so we can continue to fight , '' she said . With dozens of cases working their way through the court systems , more district judges could issue their own decisions affecting yet more states until the Supreme Court weighs in further . State-by-state : A frenzied few months on the same-sex marriage front . Same-sex marriage is legal in the District of Columbia and 19 states : California , Connecticut , Delaware , Hawaii , Illinois , Iowa , Maine , Maryland , Massachusetts , Minnesota , New Hampshire , New Jersey , New Mexico , New York , Oregon , Pennsylvania , Rhode Island , Vermont and Washington . Massachusetts was the first to make it legal , in 2004 . Worldwide , 16 countries -- and parts of Mexico -- also have laws allowing same-sex marriage and domestic partnerships . Most of the nations are in Europe and South America . Elton John : Jesus would support same-sex marriage . U.S. appeals court strikes down same-sex marriage ban in major ruling . Same-sex marriage +1 : Judges take cue from justices . CNN 's Bill Mears and Greg Botelho contributed to this report .
Ruling ' n't go into immediate effect . 6th Circuit Court of Appeals to hear case next . Note : Ban can not withstand constitutional review .