“This anomalous ruling won’t stand the test of time or appeal,” he said in a statement.

In October, the Supreme Court surprisingly turned away appeals from five states seeking to uphold their marriage bans, even with the gay couples who won in the lower courts joining with the states to ask for high court review.

Justice Ruth Bader Ginsburg explained in the weeks following the court’s denial of those appeals that the lack of a split in the appellate courts made Supreme Court review of the issue unnecessary.