A federal appeals court in Cincinnati has upheld anti-gay marriage laws in four states, breaking ranks with other courts that have considered the issue and setting up the prospect of Supreme Court review.

The 6th U.S. Circuit Court of Appeals panel that heard arguments on gay marriage bans or restrictions in Ohio, Michigan, Kentucky and Tennessee on Aug. 6 split 2-1, with Circuit Judge Jeffrey Sutton writing the majority opinion.

The ruling revealed Thursday creates a divide among federal appeals courts, increasing the likelihood the Supreme Court will now take up the issue.