Gay marriage ban headed to high court

SAN FRANCISCO (AP) -- The sponsors of California's same-sex marriage ban said Tuesday they plan to ask the U.S. Supreme Court to review a landmark appellate court ruling that struck down the law as unconstitutional.

Alliance Defense Fund lawyer Brian Raum said backers of the voter-approved ban, known as Proposition 8, "absolutely" would take the case to the high court now that it has run its course at the 9th U.S. Circuit Court of Appeals.

Raum said he expected to get a ruling from the Supreme Court sometime later this year on whether it would take the case -- the first federal trial to examine if a state can prohibit gays from getting married without violating their constitutional rights. He did not know if the Proposition 8 defense team would take the entire 90 days they have to petition the Supreme Court.

The move follows a federal appeals court's refusal to revisit a decision by two of its member judges declaring the ban to be a violation of the civil rights of gays and lesbians in California.

Published: Wed, Jun 6, 2012