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Prop 8 Battle Could Be Waged in CA Supreme Court

Nadia Chayka, left, and her fiance Luke Otterstad, both proponents of Proposition 8, hold up a sign outside of the Phillip Burton Federal Building in San Francisco, Wednesday, Aug. 4, 2010 (AP Photo/Jeff Chiu)
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The legal battle to determine if California will uphold or reject the passing of Proposition 8, the same-sex marriage ban approved by voters in November 2008, continues today, as a federal appeals court "has asked the California Supreme Court to rule on whether the groups that put California’s ban on gay marriages onto the ballot have the legal right to defend the ban in court," according to LA Now.

Last month, a three-member panel of judges from the The U.S. 9th Circuit Court of Appeals heard arguments from both sides of the contentious debate. Despite a federal judge ruling that a ban on same-sex marriage was unconstitutional, the prop's proponents have continued to seek having that ruling overturned. "The question of whether they have the legal right to do so is key to whether the ban will remain in force."

California's leaders, including newly-sworn in Governor Jerry Brown and Attorney General Kamala Harris, have already said they are staying out. Brown "still has no plans to appeal," and Harris "has said she supports the decision not to intervene," notes the OC Register.

Now, if the California Supreme Court says the Prop 8 supports cannot appeal, then Judge Vaughan Walker's ruling would stand.