The main question before the Supreme Court is not whether the Constitution protects gay marriage, but whether Prop. 8 and DOMA discriminate in violation of the 14th Amendment.
The Ninth Circuit on Tuesday declined to reexamine a ruling overturning California's Prop. 8 gay marriage ban as unconstitutional. The decision sets the stage for a Supreme Court showdown.
A federal court overturned Prop. 8 Tuesday, apparently setting the stage for the case to move to the Supreme Court. But the judge's ruling has made some legal analysts think twice about what might happen next.
A federal court overturned Prop. 8, California's ban on gay marriage, but the ruling did not affirm a federal constitutional right to same-sex marriage, as gay-rights groups had hoped.
Supporters of Prop. 8, the California gay marriage ban, face tough questioning in hearing before an appeals court. They are seeking a reversal of a federal judge's ruling against Prop. 8.