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A federal appeals court in San Francisco on Tuesday declined to revisit its ruling that overturned the state's 2008 Proposition 8 ban on same-sex marriage, a decision that clears the way for the case to head to the U.S. Supreme Court.
Prop 8 backers told the Associated Press that they'd "absolutely" ask the high court to take up the case now that they've run out of legal options in the Ninth Circuit Court of Appeals. Alliance Defense Fund lawyer Brian Raum told the news wire that he expects the justices will decide by the fall on whether they will take up the case.
The Ninth Circuit's decision on Tuesday marks the second time the appellate court has sided in favor of the those looking to overturn Prop 8. In February, a three-judge panel found the ban on same-sex marriage unconstitutional. At the time, the ban's backers said they'd first look to exhaust their options at the appellate level before taking their case to the Supreme Court.