The court issued an order Wednesday declining to block any new same-sex unions in the state while a federal appeals court considers whether an anti-gay marriage group can intervene in the case.

The order follows an emergency appeal by the National Organization for Marriage that seeks to overturn the May 19 ruling of U.S. District Judge Michael McShane. The group had unsuccessfully tried to intervene in the lower court proceeding after Oregon Attorney General Ellen Rosenblum declined to defend the same-sex ban.

Hundreds of same-sex Oregon couples have obtained marriage licenses since McShane’s order.

The group filed its request with Justice Anthony Kennedy and he referred it to the full court.