The temporary stay issued on Monday by Justice Sonia Sotomayor was lifted with the new ruling by the highest court in the country.
There is a major difference in this ruling as Justices Clarence Thomas and Antonin Scalia said that they would have granted the stay. The previous rulings issued by the court were all unanimous.
Officials from Kansas urged that the Supreme Court justices get involved in their case and were relying on the ruling from the federal appeals court in Cincinnati that upheld multiple same-sex marriage bans in the country.
The officials from Kansas said that the ruling from the Cincinnati court would make it likely the Supreme Court would make a decision on whether gay marriage is a constitutional right.
"Unless and until this court provides an answer to that important constitutional question applicants respectfully request that lower federal courts in this case not be allowed by preliminary injunction to disable a democratically enacted provision of the Kansas Constitution," Derek Schmidt, the Kansas state attorney general wrote in the emergency application to the justices.
The American Civil Liberties Union represented the plaintiffs, which were two couples. The ACLU told the justices that there is no reason to treat the request from Kansas officials any differently from other applications filed by Alaska and Idaho. The Supreme Court denied those other applications.
The filing from the plaintiffs said that the ruling from the United States Court of Appeals for the Sixth Circuit in Cincinnati did not need a different approach than the other two rulings.
