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Appeals court to announce if it will hear challenge to California same-sex marriage ban

The Ninth U.S. Circuit Court of Appeals in San Francisco will announce Tuesday whether it will take up a legal challenge to Proposition 8, which amended California's constitution to ban same-sex marriage.

The announcement was expected by 1 p.m. ET.

Prop. 8 has been fiercely contested for almost four years since California voters approved it in November 2008. It declared that "only marriage between a man and a woman is valid or recognized in California."


The state Supreme Court upheld the measure in 2009, but a U.S. district judge overturned it the following year. A three-judge federal appeals panel agreed with that ruling in February.

 

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If the full Ninth Circuit court agrees to hear it, the case could stretch on for many more months; should the court decline, supporters  will almost certainly ask the U.S. Supreme Court to hear the case.

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