TULSA, Okla. (AP) — A federal appeals court says it will wait to decide whether attorneys' fees should be awarded in a lawsuit challenging Oklahoma's ban on gay marriage.

The 10th U.S. Circuit Court of Appeals on Monday agreed to extend the timeline at the request of Tulsa County Clerk Sally Howe Smith, who was sued after refusing to grant a marriage license to a same-sex couple.

In a one-paragraph order, a panel of three judges ruled that Smith's response to the request for legal fees will be due 14 days after the U.S. Supreme Court rules on the case.

Attorneys representing Smith have asked the Supreme Court to consider the case after the 10th Circuit ruled last month that Oklahoma's ban was unconstitutional.