The move follows the 9th U.S. Circuit Court of Appeals' refusal to rehear the legal challenge. The federal appeals court said a majority of its actively serving judges had voted not to revisit the 2-1 decision by a three-judge panel of the court declaring the voter-approved ban unconstitutional.
A ruling from the Supreme Court is expected sometime in the fall on whether it would take the case.
Same-sex marriage was legal in California before voters passed Proposition 8 in November 2008. Due to the ongoing legal wrangling, it's unlikely the practice will resume in California anytime soon.
The Associated Press contributed to this report.
