South Carolina will become the 34th state to allow same-sex marriage by Thursday if the U.S. Supreme Court doesn’t step in to block a lower court order.

A three-judge panel of the 4th Circuit Court of Appeals on Tuesday unanimously turned down a request by Attorney General Alan Wilson (R) to extend a Thursday deadline set by a U.S. District Court judge. Wilson had sued to prevent a probate judge in Charleston from issuing a marriage license to a same-sex couple.

Wilson filed an appeal late Tuesday to the Supreme Court requesting a stay, but Chief Justice John Roberts, who has jurisdiction over the 4th Circuit, has not yet responded.

“This issue has not yet been resolved nationally. It is still likely the U.S. Supreme Court will address conflicting rulings between federal circuit courts of appeal,” Wilson said in a statement late Tuesday.

If Roberts doesn’t step in, same-sex couples could apply for a marriage license by Thursday. They would have to wait 24 hours before a license is issued, just like every other South Carolina couple. The couple in Charleston had already applied for a license, meaning they are likely to be issued a license by Thursday.

South Carolina’s ban on same-sex marriage has been in place since 2006, when voters approved a constitutional amendment by 78 percent to 22 percent. The 4th Circuit has already overturned Virginia’s marriage ban, a ruling that effectively overturned them in West Virginia and North Carolina at the same time.