Supreme Court Justice Samuel Alito on Wednesday denied a Pennsylvania county clerk's request to stay a federal judge's ruling striking down the state's ban on gay marriage.

Theresa Santai-Gaffney, the clerk of orphans court and register of wills in Schuylkill County, filed the request after the Third Circuit Court of Appeals in Philadelphia denied her request to intervene in the case.

U.S. District Judge John E. Jones on May 20 struck down Pennsylvania's restrictive marriage ban without staying his decision. Pennsylvania became the 19th state, in addition to the District of Columbia, to allow gay couples to marry when Governor Tom Corbett decided not to appeal Jones' ruling.

Without comment, Alito denied Santai-Gaffney's request.

In filing her request, Santai-Gaffney argued that she should be allowed to appeal the decision because it affects her rights and duties as an elected official and left the state's marriage law in a state of limbo.

“[T]he only interim harm that Plaintiffs and other same-sex couples can claim (assuming that this Court ultimately strikes down man-woman marriage laws) is a modest delay in obtaining the Commonwealth's official sanction of their relationship,” the filing states. “Notably, even though the District Court's order has yet to be stayed, some of Plaintiffs still have not married their same-sex partners. … This tangibly illustrates the lack of immediate, irreparable harm to Plaintiffs if this Court were to issue a stay pending appeal.”

Santai-Gaffney can appeal to another justice.