Kansas plans to ask the U.S. Supreme Court to preserve its gay-marriage ban while a legal challenge from two lesbian couples is considered by lower federal courts.

Attorney General Derek Schmidt said Friday that he’ll act before a federal judge’s injunction barring the state from enforcing its ban takes effect Tuesday.

Schmidt announced his plans after the 10th U.S. Circuit Court of Appeals in Denver refused to stay the injunction issued by U.S. District Judge Daniel Crabtree earlier this week. Crabtree delayed his injunction to allow the state to appeal.

Schmidt said he has a duty to exhaust all the state’s options because the state constitution bans gay marriage. Voters approved the constitutional provision in 2005.

He said his request would go to U.S. Supreme Court Justice Sonia Sotomayor.