The county in Pennsylvania recently ordered to stop issuing marriage licences to same-sex couples has said it will file an appeal against the judge’s decision.

Montgomery county on Tuesday said that its solicitor Ray McGarry, is to appeal the state judge’s order to stop county clerk D Bruce Hanes, from issuing the licences, in a move which could push the battle for equal marriage in the state to the Supreme Court.

McGarry said he would file the appeal in the next few days, on behalf of Hanes, the register of wills, who has issued hundreds of marriage licences to same-sex couples, reports the Associated Press.

Hanes had said he wanted to come down “on the right side of history and the law” when he began issuing the licenses in late July.

The Department of Health filed a lawsuit against Mr Hanes soon after, saying that the clerk had been “acting in clear derogation of the marriage law,” by issuing the licences to same-sex couples.

The court began hearing arguments around the case two weeks ago. Hanes had previously said he was “not a crusader” but simply doing what was right.

Commonwealth Court Judge Dan Pellegrini said that D Bruce Hanes did not have the power to decide on his own whether Pennsylvania’s same-sex marriage ban violates the state’s constitution.