The 9th Circuit Court ruled Tuesday that bans on marriage for same-sex couples in Idaho and Nevada were unconstitutional.

The ruling stated that the defendants’ argument that bans on marriage for same-sex couples promotes “the welfare of children, by encouraging good parenting in stable opposite sex families,” had no evidence of to support it.

“Because defendants have failed to demonstrate that these laws further any legitimate purpose, they unjustifiably discriminate on the basis of sexual orientation, and are in violation of the Equal Protection Clause,” the ruling states.

It goes on to say, “Idaho and Nevada’s same-sex marriage laws not only classify on the basis of sex, but also, implicitly and explicitly, draw on “archaic and stereotypical notions” about the purportedly distinctive roles and abilities of men and women.”

On Monday, a U.S. Supreme Court decision to not hear appeals from five states legalized marriage for same-sex couples in Indiana, Oklahoma, Utah, Wisconsin, and Virginia. And on Tuesday, Colorado said counties in that state could begin issuing licenses for same-sex couples.