Westboro Baptist Church is seeking to defend Kansas’ same-sex marriage ban in federal court, filing court documents asking to intervene as defendants in an ongoing lawsuit.

The effort comes days after a federal judge denied a rural Kansas couple’s own attempt to join the lawsuit. The ACLU of Kansas wants same-sex marriages to proceed while a legal dispute in state court proceeds.

In a 38-page motion filed Sunday, Westboro argues Kansas Attorney General Derek Schmidt, whose office has been arguing against lifting the state’s constitutional ban, can’t adequately represent the organization in the lawsuit.

"The Kansas Attorney General (representing all defendants) is unable to adequately represent WBC because of the political pressure that flows from widespread disagreement with WBC and her ministry and religious message," the motion says.

The motion also argues Schmidt can’t "adequately" represent WBC because it would cause him to assert religious viewpoints, which could be contrary to the duty of the government to remain neutral on matters of religion. In addition, the motion says Schmidt has made comments disagreeing with Westboro in the past, and it cites Schmidt’s work on legislation to limit the church’s funeral protests.

Along with arguments about Schmidt, the motion also makes statements in opposition to same-sex marriage similar to those made by the church in the past, warning that same-sex marriage would destroy Kansas.

Church member Jonathan Phelps didn’t appear optimistic when asked if Westboro’s argument would prevail in court.

"I have no hope that there is a person in this nation in an official position that has the fear of God in him," Phelps said.

The Johnson County District Court clerk’s office has issued a same-sex marriage license, but the Kansas Supreme Court halted any more licenses from being issued after Schmidt asked the high court to intervene. The Kansas Supreme Court has scheduled a Nov. 6 hearing.

In the meantime, the ACLU is seeking a federal court order allowing the marriages to continue. Doug Bonney, ACLU of Kansas chief counsel and legal director, said the organization didn’t have any comment on Westboro’s motion.

This past week, Phillip and Sandra Unruh, of Harper, sought to join the lawsuit as defendants, arguing that same-sex marriage would harm their property rights. Judge Daniel Crabtree denied the Unruhs’ motion but is allowing them to file a "friend of the court" brief.

Phelps said the filing from the Unruhs was "boring."

The state’s constitutional ban on same-sex marriage passed with 70 percent of the vote in 2005. Public Policy Polling found in a poll released earlier in October that a plurality of Kansans still oppose same-sex marriage: 49 percent said it shouldn’t be allowed while 44 percent said it should be.

But a majority of Kansans believe there should be some type of legal recognition for same-sex relationships, according to the poll. Support for either civil unions or marriage for same-sex couples stood at 71 percent.

Republican Gov. Sam Brownback said Monday his opposition to same-sex marriage has helped him politically.

"I think it works in my favor. That’s where more Kansans are. Plus, Kansans want you to stand up for the constitution. You took an oath of office to defend the constitution," Brownback said. "You can’t just pick the issues that come your way."

Brownback said same-sex marriage isn’t inevitable in Kansas and predicted the U.S. Supreme Court will rule on the issue at some point, despite the court declining to hear a number of challenges to state bans earlier this month.

Brownback criticized his Democratic opponent, Rep. Paul Davis, for what he said was the lawmaker’s unwillingness to take a stand on the issue. Davis has said he didn’t support the 2005 ban but the issue is now up to the courts.

"I didn’t support the constitutional amendment because I believed it would have an adverse effect on the very welcoming image that our state has had for many, many decades," Davis said during a debate this past week. "At this point in time, there is nothing I can do, nothing that Gov. Brownback can do to impact this issue."

Davis spokesman Chris Pumpelly said Monday that Davis had been clear about the issue and had spoken about it a number of times.