Orlando County Clerk of Court Tiffany Moore Russell can begin issuing marriage licenses to gay and lesbian couples on Tuesday as planned, a judge has ruled.

A federal judge's ruling striking down Florida's gay marriage ban takes effect next week. But state officials continue to argue that the ruling only applies to one county.

(Related: Florida wants judge to decide scope of gay marriage ruling.)

Russell “respectfully requests this Court enter an order determining that she is within her legal right to issue same-sex marriage licenses on January 6, 2015,” she wrote in filing an emergency petition for declaratory judgment.

“That in issuing a same-sex marriage license the Honorable Tiffany Moore Russell, Orange County Clerk of Court for Orange County, Florida would not be engaging in a violation of either criminal or civil laws of the State of Florida,” Judge Timothy R. Shea wrote in granting the petition. “Specifically, the clerk would not be engaging in any element sufficient to justify a conclusion that there was any intent to engage in any criminal act nor was there any violation of any oath of office.”

(Related: Florida group sues to stop Orlando officials from issuing marriage licenses to gay couples.)