LOUISVILLE, Ky. (WHAS11) District Court Judge John Heyburn ruled Kentucky s ban on same-sex marriage unconstitutional, Tuesday. But same-sex couples will not be able to get a license yet, Heyburn stayed his own ruling pending an appeal in the Sixth Circuit Court.

Two Louisville same-sex couples who filed the Timothy Love, et al. V. Steve Beshear lawsuit say they are elated with the decision.

Obviously we wish the gate had been fully opened, not opened and shut again, but we are so eager to go and get the license, Reverend Maurice Bojangles Blanchard, one of the plaintiffs said.

Timothy Love, another plaintiff, told us the naming of the lawsuit was no accident, they wanted it to read Love V. Beshear to make a statement. Love and his partner Larry Ysunza tried to get their marriage license in Jefferson County Court in February, but were denied.

Blanchard and James tried to get their license in January of 2013. They were not only denied, but also charged with trespass.

We were arrested, charged with trespassing tried for that, we were found guilty but charged 1 penny and out attorney said it was the lowest fine they had ever heard of, so we took it as a moral victory, Blanchard said.

Both couples know there are still challenges ahead. Governor Steve Beshear plans to appeal the ruling, saying in part: We will be appealing the decision so that the matter is fully before the sixth circuit, where these same issues from other states are already scheduled to be decided by the sixth circuit.

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