The 10th Circuit Court of Appeals in Denver on Tuesday denied a third emergency stay in a lower court's ruling declaring Utah'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 of the U.S. Constitution. Shelby also denied the state's request for a stay on Monday.

(Related: Hundreds of gay couples marry in Utah; 6 counties refuse to abide marriage ruling.)

“Having considered the district court's decision and the parties' arguments concerning the stay factors, we conclude that a stay is not warranted,” the court wrote in its brief 2-page ruling. “Accordingly, we deny Defendants-Appellants' emergency motions for a stay pending appeal and for a temporary stay. In addition, we direct expedited consideration of this appeal.”

The court handed down its ruling shortly after 5 PM.

The decision means gay couples in Utah can continue marrying as an appeal moves forward, at least for now. It also signals that the court does not see the state's appeal as viable.

“This is truly history we are living,” Equality Utah, the state's largest LGBT rights advocate, said in a tweet to supporters. “Marriage continues!!”

Attorneys for the state confirmed to Fox 13 News that they would ask the U.S. Supreme Court to intervene. Justice Sonia Sotomayor, who oversees the 10th U.S. Circuit Court, is expected to receive the request for an emergency stay on Thursday.

This is a breaking story. Check back for additional details.