The Ninth Circuit Court of Appeals has denied a request for an en blanc hearing on Tuesday. The move means that California's controversial 2008 ballot measure that banned gay marriage in the Golden State will head to the Supreme Court of the United States if they decide to hear the case.
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In February, a three-judge panel voted 2-1 to uphold a lower court ruling that found Prop 8 to be unconstitutional.
Supporters of the gay marriage ban have 90 days to decide whether to appeal their case to the Supreme Court ' a move many see as likely.
There is currently a stay on same-sex marriages in California as part of the Ninth Circuit's ruling on Prop 8.
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