For the eight years she has lived in Topeka, Shaun Kelly has been holding her breath.

But Wednesday, she let a little go: A federal appellate court that covers Kansas ruled states can’t ban same-sex marriages.

"This is the first time a federal appeals court has ruled for same-sex marriage," she said, excitement in her voice. "My phone has been ringing, blowing up — everyone is so pumped. I would love to see this continue."

Kelly, 50, has agonized, watching with bated breath as her city oscillates between denying and extending equal rights to the lesbian, gay, bisexual and transgender community. She has feared to exhale as others in her community hide who they are over fear of losing their jobs.

But Wednesday’s decision brings the ban one step closer to the U.S. Supreme Court — and a final decision on the issue.

"If the Supreme Court upholds this decision, the stain on our Kansas Constitution denying equal protection to marriage for our gay and lesbian brothers and sisters would no longer be valid," said Topeka lawyer Pedro Irigonegaray.

But that won’t be true just for Kansas, or even just the 10th U.S. Circuit Court of Appeals, he said.

"If the U.S. Supreme Court finds it to be a correct decision, it becomes law of the land," Irigonegaray said.

Put another way: "If they hadn’t stayed the opinion, we could have potentially seen marriage licenses being issued to same-sex couples in Kansas today," said Tom Witt, executive director of Equality Kansas.

Congressman Tim Huelskamp, R-Kan., in an emailed statement said the 2-1 panel decision — a decision of "two radical judges" — overruled the opinions of nearly 3 million American voters and their elected representatives and harmed marriages, families and children in supporting same-sex marriage.

"As the author of the Kansas Marriage Protection Amendment, I am incensed that two lawyers in Denver, Colorado, believe they can overrule 70 percent of Kansas, plus strong majorities in Utah and Colorado," he said.

The three-judge panel on the 10th U.S. Circuit Court of Appeals ruled states must allow gay couples to marry, citing the equal protections granted under the Fourteenth Amendment. The panel put an immediate stay on the decision in anticipation of an appeal, which the Utah attorney general’s office already is working on. From there, it could go to all the 10th U.S. Circuit judges or, more likely, to the U.S. Supreme Court.

Either way, proponents say, Wednesday’s decision is monumental: The federal appeals court is the highest court to overturn the state ban on same-sex marriages.

"It’s another step down the road," Witt said.

A year ago Thursday, the U.S. Supreme Court struck down a key part of the Defense of Marriage Act that allowed the federal government to deny benefits to same-sex couples. Since then, 16 federal judges have issued rulings siding with gay marriage advocates, The Associated Press reported.

"A year from today," Witt said, "I think we’ll probably be celebrating the final Supreme Court decision."

The 10th U.S. Circuit Court of Appeals includes Utah, Kansas, Wyoming, Colorado, Oklahoma and New Mexico.

Among those, only New Mexico allows same-sex couples to marry. As of Wednesday, 19 states and the District of Columbia allow same-sex marriages, according to www.FreedomToMarry.org.

Lifting the ban on same-sex marriage also would benefit the transgender community, said Stephanie Mott, executive director of the Kansas Statewide Education Project. The state of Kansas sees transgender people only as their birth sex, she explained.

"For many of us, those who are attracted to members of the opposite gender, striking down the Kansas marriage discrimination law and constitutional amendment would actually allow us to have opposite-sex marriages," said Mott, a transgender woman.

If the Supreme Court upholds the decision, it wouldn’t force religious groups to conduct gay marriages on their premises, Irigonegaray said. But it does prevent them, in conjunction with government, from denying couples that constitutional right.

"The denial to same-sex couples of equality in marriage has been largely driven by what are referred to as ‘bigotry wrapped in prayer,’ " he said. "This should have happened a long time ago. The denial should have never occurred."

Proponents of the marriage ban have, and in all likelihood will continue, to use the state rights argument to battle federal decisions regarding state bans on same-sex marriages, Irigonegaray said. While it is possible the U.S. Supreme Court could rule the lower court erred in determining the federal government had any right to intervene in a state issue, he said, he "can’t imagine that happening."

Meanwhile, Kelly holds onto her hope for the LGBT community in Kansas: that after years of anxiety, fear and inequality, she will be able to live her life with a little more freedom — and exhale.