Alabama is on its way to becoming the 37th state that allows same-sex marriages after a federal judge ruled the ban unconstitutional. However, same-sex couples have to wait until a two-week stay ends to file for their marriage licenses.

On Friday U.S. District Judge Callie Granade in Mobile found Alabama's Alabama Sanctity of Marriage Amendment and the Alabama Marriage Protection Act unconstitutional, rejecting the state's argument that they protected children, according to Bloomberg.

Countering the state's argument that the ban protected children, Judge Granade found instead no correlation between how children in states with same-sex marriages and Alabama differed.

"If anything, Alabama's prohibition of same-sex marriage detracts from its goal of promoting optimal environments for children," she said. "Those children currently being raised by same-sex parents in Alabama are just as worthy of protection and recognition by the state as are the children being raised by opposite-sex parents."

The case involves Cari Searcy and Kimberly McKeand from Mobile, who married in California in 2008, and have a son. Searcy filed for custody of the child in Alabama, as she is not the biological mother. The state of Alabama, however, only allows married spouses to adopt. The couple sued to gain full custody of their son.

However, the Searcy-McKeand family or other same-sex couples in Alabama can claim full victory yet. Judge Granade issued a two-week stay to her decision to give the attorney general's office enough time to appeal, reports NBC News.

In her statement, Granade recognized that the state's appeal would likely fail, like countless before it, and the stay "constituted irreparable harm" to same-sex couples and their children as it continued to deny them certain rights and benefits.

"In its discretion, however, the court recognizes the value of allowing the Eleventh Circuit [Court of Appeals] an opportunity to determine whether a stay is appropriate," she added.

The appeals court can extend or void the stay. However, if the court takes no action, Granade's stay ends on Feb. 9, allowing same-sex couples to marry.

According to WAFF, Alabama Attorney General Luther Strange "welcomed" the judge's decision to enact a stay, calling it "a step in the right direction."

"While I would have preferred a longer stay to allow the matter to be settled by the U.S. Supreme Court's anticipated ruling in June, the 14-day stay allows more time for my office to prepare our stay request to the 11th Circuit Court while also affording the public time to resolve the confusion over the impact of the recent ruling," he added.

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