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Judge Declares Kansas Gay Marriage Ban Unconstitutional

But U.S. District Judge Daniel Crabtree put his preliminary injunction allowing marriages on hold to give the state an opportunity to appeal.

A federal judge in Kansas on Tuesday declared the state's ban on same-sex marriage unconstitutional, but he put a one-week hold on his own order to give the state a chance to appeal.

The judge said he was bound by earlier rulings from the 10th U.S. Circuit Court of Appeals that found similar bans unconstitutional in Utah and Oklahoma. Kansas was the last state in the circuit where a ban on same-sex marriage was still in effect.

Kansas Attorney General Derek Schmidt said in a statement the state would appeal Tuesday's decision. If gay marriage is eventually struck down in Kansas, the number of same-sex marriage states would be 33.

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— Pete Williams