Republican leaders in the Missouri legislature are seeking to appeal the ruling of a circuit judge in Kansas City that would require the state to recognize same-sex marriages performed in other states.

Senate President Pro Tem Tom Dempsey (R-St. Charles) and House Speaker Tim Jones (R-Eureka) have filed a motion asking to intervene in the Jackson County court case so that they can appeal it to the state Supreme Court.

A ruling in October by Judge Dale Youngs declared Missouri’s same-sex marriage ban unconstitutional for denying equal protection to same-sex couples married out-of-state but now living in Missouri. Attorneys argued that lack of recognition is unique to same-sex couples, while Missouri recognizes other types of marriages legal in other states that are not legal in Missouri, such as those between first cousins.

Attorney General Chris Koster (D) said he would not appeal the ruling. He is appealing rulings in other cases at the state and federal levels that struck down Missouri’s gay marriage ban on other grounds.