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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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AG Schmidt statement on the granting of the preliminary injunction in Marie v. Moser http://t.co/NJ8XlLx2BF — Kansas AG's Office (@KSAGOffice) November 4, 2014

Federal judge in Kansas strikes down state’s ban on marriage for same-sex couples #out4freedom #lgbt pic.twitter.com/Q9mVPFQj5v — ACLU National (@ACLU) November 4, 2014

— Pete Williams