Kansas officials said Friday that they would ask the Supreme Court to stay a ruling striking down the state's ban on gay marriage as an appeal is pursued.

U.S. District Judge Daniel D. Crabtree declared the state's ban unconstitutional in a 38-page ruling handed down Tuesday afternoon. Crabtree placed his ruling on hold until Tuesday, November 11 at 5 PM.

Kansas Attorney General Derek Schmidt asked the Tenth Circuit Court of Appeals in Denver to stay Crabtree's injunction. The appeals court refused.

“We conclude that defendants have failed to make the showings necessary to obtain a stay, and we deny the emergency motion for a stay pending appeal,” the court said on Friday.

The court of last resort for Kansas is the Supreme Court, which allowed several states to preserve their bans while legal challenges wound their way to the high court, but changed course after it allowed rulings striking down similar bans in five states to take effect, including Oklahoma and Utah, which are in the Tenth Circuit. Schmidt said in a statement that he believes an appellate court ruling upholding bans in four states handed down this week increases the likelihood that the Supreme Court will allow the state to keep its ban in place as it appeals Crabtree's ruling.

“Because the federal District Court’s injunction will effectively disable a provision in the Kansas Constitution, I believe I have a duty to exhaust all of the state’s options for appeal,” Schmidt said. “Yesterday's decision by the Sixth U.S. Circuit Court of Appeals in Cincinnati, which held that similar laws in four states do not violate the U. S. Constitution, creates for the first time a split of authority among the federal appeals courts and increases the likelihood that the U. S. Supreme Court will address this important constitutional question. Therefore, I will take the additional step before Tuesday of asking Justice Sonia Sotomayor, who handles these matters arising within the Tenth Circuit, to stay the District Court’s injunction pending appeal.”