( CNN ) What a difference a couple of years makes . A federal judge has struck down Nebraska 's ban on same-sex marriage , calling it an `` unabashedly gender-specific infringement of the equal rights of its citizens . '' U.S. District Judge Joseph Bataillon 's decision Monday means that same-sex marriage is now against the law in fewer than one in four states . Nebraska state officials immediately appealed the ruling to the 8th Circuit U.S. Court of Appeals . Bataillon denied a state request to stay his decision . And so , beginning Monday the state must `` treat same-sex couples the same as different sex couples '' when it comes to marriage rights , the federal injunction reads . As the dominoes fall in favor of same-sex marriages , the question now seems to be which state will be the last ? The number of states offering same-sex marriages has surged since the U.S. Supreme Court 's ruling in 2013 that invalidated part of the federal Defense of Marriage Act . States like Illinois , Hawaii , Minnesota and New York joined the fold voluntarily , while others -- most recently Nebraska and Alabama -- were ordered by state or federal judges to offer and recognize the unions . The case involving Ohio , Michigan , Kentucky and Tennessee is expected to be decided sometime in June by the U.S. Supreme Court . Here 's the situation in the 12 states that currently ban same-sex marriages : . The state 's constitutional ban on gay marriage , passed in 2004 , was struck down twice last year -- once by a state court judge and again by a U.S. District Court judge . Local officials issued some 400 marriage licenses following the state court decision , but the state Supreme Court blocked the issuance of more licenses pending its review of the case . A decision could come soon . Georgia is one of just two states with no legislative action or pending legal decisions whatsoever on same-sex marriage . The other is North Dakota . However , lawsuits are pending to overturn the state 's 2004 ban . The state 's ban is being challenged in state court , where a judge last year ruled the law is unconstitutional , and in federal court , where a U.S. District Court judge took the rare step , for a federal judge , of backing such a ban . The ban remains in place pending Louisiana 's appeal of the state court ruling . On the federal level , a ruling is pending out of the U.S Court of Appeals for the Fifth Circuit , which heard arguments in the case in January . Last year , a U.S. District Court judge ruled that the state 's constitutional amendment banning gay marriages had no `` legitimate purpose . '' The U.S. Court of Appeals for the Sixth Circuit later overturned the ruling , reinstating gay marriage bans in Kentucky and four other states . The Kentucky ban is part of the U.S. Supreme Court case scheduled for arguments in April and a decision by June . A U.S. District Court judge ruled last year that the state 's same-sex marriage ban was unconstitutional , resulting in the issuance of more than 300 marriage licenses . That ended when the U.S. Court of Appeals for the Sixth Circuit granted a stay . The court later reinstated Michigan 's ban in the same ruling that reinstated Kentucky 's ban . Its fate will be decided by the Supreme Court decision due by June . A state court judge ruled in November that Missouri 's 2004 constitutional ban on gay marriage was illegal . Attorney General Chris Koster appealed the ruling to the state Supreme Court . But that court has indicated that it will not rule on the case until after the U.S. Supreme Court decision . Just a few days after that state court ruling , a U.S. District Court judge struck down the state 's marriage ban , but that decision has been stayed pending appeals . While the state ban is in effect , officials in the St. Louis area have issued marriage licenses to same-sex couples . A U.S. District Court judge granted an injunction last year against the state 's same-sex marriage ban , describing it as unconstitutional . The judge , however , postponed his ruling from going into effect to give the state time to appeal . A federal appeals court heard arguments in the case in January . In the meantime , the same-sex marriage ban is still in effect . Same-sex couples are challenging the state 's ban in U.S. District Court , but a federal judge issued a ruling on January 20 delaying the proceedings until after the U.S. Supreme Court rules . U.S. District Court Judge Karen Schreier struck down the state 's same-sex marriage ban in January , but blocked enforcement pending an appeal to the U.S. Court of Appeals for the Eighth Circuit . The state 's ban was struck down in January 2014 by a federal judge who said it serves `` no legitimate governmental purpose . '' But , as in many other states , enforcement was delayed pending appeals . The U.S. Court of Appeals for the Fifth Circuit heard the case last month and a ruling is pending . A federal appeals court judge upheld a ban last year on same-sex marriages in the state . That decision is part of the U.S. Supreme Court case expected to be finalized this summer . In November 2014 , the U.S. Court of Appeals for the Sixth Circuit upheld the state 's ban . That decision also will be part of the U.S. Supreme Court case .
most states do not allow same - sex marriage . The U.S. Supreme court could settle the lawsuit for good when it expired this year .