An Ohio judge on Thursday vacated a ruling that allowed the divorce decree of a gay couple.

Athens County Judge George McCarthy explained that he “did not realize the parties were of the same gender.”

According to the Athens Messenger, McCarthy granted the divorce on November 25 on the recommendation of Magistrate Melinda Bradford.

Brenda Mohney and Erin O'Leary married six years ago in California. Mohney filed for divorce last July and was the only party to appear before McCarthy.

Ohio voters in 2004 approved an amendment to the Ohio Constitution which defines marriage as a heterosexual union. The Cincinnati-based Sixth Circuit Court of Appeals recently ruled the amendment constitutional. Plaintiffs in the case have appealed to the Supreme Court.

The parties in this case, McCarthy wrote, “did not have a valid marriage for the purposes of Ohio law.”

McCarthy did not address the ban's constitutionality.

“The issue of same sex marriage is one of nationwide concern, and higher courts than this will eventually determine the constitutional issues related thereto with finality,” he wrote.