(CNN) – Florida appears set to recognize same-sex marriages on January 6, after the U.S. Supreme Court on Friday declined to further delay a lower court’s finding that the state’s ban on the unions is unconstitutional.

The high court Friday night, without explanation, rejected the Florida attorney general’s request to intervene. A U.S. District judge in Florida had ruled in August the state’s ban was unconstitutional but stayed the ruling to allow for appeals.

The case hasn’t been completely settled.

Neither the 11th Circuit U.S. Court of Appeals nor the Supreme Court have ruled on the merits, and Florida Attorney General Pam Bondi, who has defended the ban, has expressed “confusion” over whether all 67 counties will issue marriage licenses to same-sex couples before appeals are settled.

But the American Civil Liberties Union of Florida said it expects the state to fully recognize same-sex marriages when U.S. District Judge Robert Hinkle’s stay expires at the end of January 5.

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Florida would become the 36th state to recognize same-sex marriage, in addition to the District of Columbia.