The Pennsylvania clerk ordered last month by a judge to stop issuing marriage licenses to gay and lesbian couples appealed the order on Tuesday.

Montgomery County Register of Wills Bruce Hanes had issued 174 marriage licenses to gay couples since July before he was ordered to cease. A 1996 Pennsylvania law excludes gay couples from marriage.

Republican Governor Tom Corbett sued to block Hanes from issuing additional licenses.

Commonwealth Court Judge Dan Pellegrini said in his order that Hanes did not have the authority to decide the issue on his own, the AP reported.

Montgomery County Democratic officials said they are appealing the ruling to the Pennsylvania Supreme Court.

Pennsylvania is one of several states where marriage equality advocates are attempting to leverage a June Supreme Court ruling knocking down the Defense of Marriage Act (DOMA) to expand the number of states where gay couples can marry. Others include Virginia, New Jersey, Illinois and New Mexico.

Hanes acted after the U.S. Supreme Court struck down a portion of the Defense of Marriage Act (DOMA) and Pennsylvania Attorney General Kathleen Kane said in a statement that her office could not defend the ban in a separate case because the law was unconstitutional.