The Ninth Circuit Court has refused to rehear a challenge to Prop 8. The court ruled it would not rehear a ruling that found Prop 8 unconstitutional.
The debate over same-sex marriage is most likely headed to the U.S. Supreme Court.
In a brief order (PDF) that was widely expected on Tuesday, the 9th U.S. Circuit Court of Appeals refused to reconsider an earlier ruling that struck down Proposition 8.
In a 2-1 decision, the appellate court found the 2008 law unconstitutional because it took away the right for gays and lesbians to marry. The appeals court denied a request from Proposition 8 supporters to rehear the case.
The plaintiffs in the suit are Kristin Perry, Sandra Stier, Paul Katami and Jeffrey Zarrillo.
Same-sex couples cannot marry while Proposition 8 backers are given time to appeal.
Proposition 8 supporters are headed to the Supreme Court, who may hear arguments next year and rule by June 2013.
To see NBC Bay Area's May 31 report on where some players at San Jose City Hall stand on same-sex marriage, click here.
View more videos at: http://nbcbayarea.com.