The California Supreme Court has unanimously ruled that the sponsors of Proposition 8, a measure which banned same sex marriage in the state, can appeal a federal court decision which struck down the measure.

The case will now go back to the 9th U.S. Circuit Court of Appeals for a future decision on the constitutionality of Prop 8.

The sponsors of the measure have been seeking to repeal the decision by now-retired U.S. District Court Judge Vaughn Walker that struck down the initiative.

It remains unclear whether the three-judge 9th Circuit panel will hear any more arguments before ruling.

The eventual decision, one way or the other, is expected to be appealed to an expanded 11-judge appeals panel and then possibly, to the U.S. Supreme Court.

Proposition 8 was enacted by voters in November 2008 and amended the California Constitution to provide that “only marriage between a man and woman is valid or recognized in California.”

A decision from the 9th Circuit is expected in the next few months.



Photo Credit: Marc Love, via Wikimedia Commons