Appeals Court declines to review gay marriage case; likely sending it to the Supreme Court

A federal appeals court said Tuesday that it would not reconsider a ruling that struck down California’s Proposition 8 amendment banning same-sex marriage, another sign that the issue will soon move to the Supreme Court.

Same-sex marriages in the state will not resume as a result of the ruling because the U.S. Court of Appeals for the 9th Circuit stayed its order to allow an appeal.

The Supreme Court will now likely be faced with two ways to consider the issue: the California Prop 8 question and an appeals court decision last week in Boston that ruled unconstitutional the federal Defense of Marriage Act, which withholds federal recognition of same-sex marriages performed in those states where it is legal.

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