The 10th Circuit Court of Appeals today just slapped down the State of Kansas in a pivotalÂ marriage case.

Early last month a federal judge struck down a same-sex marriage ban in Kansas, and GOP Governor Sam Brownback (photo) and his administration have been fighting the ruling ever since.

After the U.S. Supreme Court declined to review any same-sex marriage cases on October 6, that should have made clear to all states in the nation that their bans on same-sex marriage would soon be coming downÂ â€“ and they might as well just stop wasting taxpayer dollars defending themÂ â€“ but Gov. Brownback, a staunch religious theocrat has refused.

After the SCOTUS move, Brownback declared,Â “I swore an oath to support the Constitution of the State of Kansas.Â An overwhelming majority of Kansas voters amended the Constitution to include a definition of marriage as one man and one woman. Activist judges should not overrule the people of Kansas.”Â

He’s still fighting.

The U.S. Supreme Court dropped a short, temporary stay last month, allowing same-sex couples in Kansas to marry.Â

But Kansas is still fighting (with taxpayer dollars) and recently asked the 10th Circuit Court of Appeals for an en bancÂ hearing on the case.

An en banc hearing is one where all the judges in the Court sit and hear the case.

The 10th Circuit just gloriously refused.

“No judge in regular active service on the CourtÂ requested that the Court beÂ polled on the motion for initial hearing en banc,” the Court’s response today reads. “As a result, Appellantsâ€™ motion for anÂ initial hearing en banc is denied.”

10th Circuit denies #Kansas request for initial en banc hearing in marriage case appeal: http://t.co/VQGyOjpxxJ @KansasEquality @aclukansas â€” Equality Case Files (@EQCF) December 2, 2014

Not only was the response a “no,” it was in essence a “hell no!”

Not only would the court not hear the case en banc, not a single judge even thought the case warranted asking their colleagues if they should perhaps consider it.

Expect Gov. Brownback to continue his quest to stop same-sex marriage in Kansas.

What would Dorothy say?

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Image via Flickr