Kansas City, Kan. ? Kansas is appealing a federal judge’s order that the state must allow same-sex couples to marry pending the outcome of a lawsuit challenging the state’s ban.

The state attorney general’s office filed a notice of appeal Wednesday. The filing came one day after U.S. District Judge Daniel Crabtree issued a preliminary injunction barring the state from enforcing its same-sex marriage ban as of 5 p.m. on Nov. 11. The enforcement delay was designed to give the state time to appeal.

The American Civil Liberties Union had sued to overturn Kansas’ ban after the U.S. Supreme Court refused to hear appeals from five states seeking to save their gay marriage bans. Among them were Oklahoma and Utah, which are in the same appeals court circuit as Kansas.