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Proposition 8 case headed to US Supreme Court

A same-sex couple is seen getting married in this undated file photo.

June 5, 2012 12:00:00 AM PDT
The sponsors of California's Proposition 8 said Tuesday they will ask the U.S. Supreme Court to review a landmark appellate court ruling that struck down the law.

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.