The 10th Circuit Court of Appeals on Sunday denied an emergency temporary stay in a lower court's ruling declaring the state's gay marriage ban invalid.

On Friday, U.S. District Judge Robert J. Shelby declared Amendment 3, the state's 2004 voter-approved constitutional amendment which limits marriage to heterosexual unions, in violation of the 14th Amendment.

Shelby will hold a hearing on whether to grant a stay on his ruling as an appeal moves forward on Monday at 9 AM.

“Defendants-Appellants acknowledge that they have not addressed, let alone satisfied, the factors that must be established to be entitled to a stay pending appeal,” the appeals court wrote in denying the state's request. “They state that they do not address the 10th Cir. R. 8.1 criteria because they do not seek a stay pending appeal, but rather a stay pending the district court's decision on their stay motion. But the appellate and local rules contemplate only a motion for stay pending appeal, and the requirements are clear.”

The ruling likely means long lines at county clerk offices on Monday as gay couples rush to wed before Shelby rules. Offices open at 8 AM.