The hearing planned for Monday stems from a petition that Kansas Attorney General Derek Schmidt filed after a Johnson County judge directed that marriage licenses be issued to same-sex couples.
But even before the hearing, same-sex couples were moving ahead with wedding plans.
A federal judge last week ordered Kansas to allow same-sex couples to marry, but delayed enforcement of his order until Nov. 11 to give the state time to appeal.
On Wednesday, the U.S. Supreme Court denied a request from Kansas to prevent gay and lesbian couples from marrying while the state fights the issue in a federal appeals court.
Article continues belowAttorney General Derek Schmidt said the high court’s decision applies only in Douglas County in northeastern Kansas and in Sedgwick County in south-central Kansas – the two counties where the court clerks are defendants.
But the American Civil Liberties Union says the ruling applies in all of Kansas’ 105 counties.
On Thursday, at least four counties were issuing marriage licenses to same-sex couples, while the remainder were waiting for the state court to act.