Texas Attorney General Ken Paxton, a Republican, has called a probate judge's ruling invalidating the state's ban on gay marriage “misguided.”

On Tuesday, Travis County Probate Judge Guy Herman struck down the ban as part of an estate fight.

Sonemaly Phrasavath of Austin asked Herman to recognize her eight-year relationship to Stella Powell, who died of cancer in June without a valid will, as a common-law marriage.

(Related: Judge declares Texas' gay marriage ban unconstitutional.)

Paxton asked the Texas Supreme Court to stay the ruling as he pursues an appeal.

“The attorney general has filed for a review of that decision in our court his morning,” Texas Supreme Court Chief Justice Nathan Hecht told reporters on Wednesday.

Paxton called the ruling “misguided” in a statement: “The probate judge's misguided ruling does not change Texas law or allow the issuance of a marriage license to anyone other than one man and one woman.”

Paxton is also involved in an appeal of a federal judge's ruling which declared the ban unconstitutional roughly a year ago. An appeals court heard oral arguments in that case in January and a ruling is expected shortly.

(Related: 5th Circuit hears arguments in cases challenging gay marriage bans in 3 states.)