A stay on Florida's gay marriage ban is to be lifted by the end of January 5, the 11th US Circuit Court of Appeals has decided.

The ruling means that same-sex marriages could start taking place the next day, which would make Florida the 36th US state where they are legal.

Florida's gay marriage ban has been written into the state's constitution since 2008 but was ruled unconstitutional by US District Judge Robert Hinkle back in August. However, his decision was stayed until January 5 to allow time for the state to appeal.

Florida's secretaries of health and management services, and the clerk of the court in Washington County wanted the stay extended, but this was turned down by the three judges sitting on the panel of the appellate court.

State officials have the option of appealing to the US Supreme Court.

Although some 19 federal courts have struck down state laws banning same-sex marriages, courts are divided and a federal appeals court in Ohio upheld bans across Kentucky, Michigan, Ohio and Tennessee.

John Stemberger, president of Florida Family Policy Council, which organised the campaign for the ban, said: "It's really unfortunate that the courts are capitulating to an agenda and not really doing what's in the best interests of children, families and the common good of society."

State Attorney General Pam Bondi last month argued that the US Constitution "does not prohibit Florida or its voters" from choosing to define marriage as between a man and a woman.