TOPEKA, Kan. (AP) — The Kansas Supreme Court has two substitutes participating in its discussions about allowing gay marriage in the state.

Court spokeswoman Lisa Taylor said Monday that retired Douglas County District Judge Michael Malone and retiring Linn County District Judge Richard Smith are sitting with the court.

The court is reviewing a petition from Kansas Attorney General Derek Schmidt seeking to block counties from issuing gay marriage licenses until a final U.S. Supreme Court decision on the constitutionality of state gay-marriage bans.

The Kansas Supreme Court has seven members, but one spot is vacant because the new Justice Caleb Stegall doesn’t take his seat until Dec. 5. Malone is taking his spot.

Justice Lee Johnson removed himself from the case, without stating a reason. Smith is filling in for him.