Last year, US district judge Vaughn Walker ruled that the voter initiated law, proposition 8 be lifted.
Both the Governor Arnold Schwarzenegger, and Attorney General Jerry Brown support gay marriage, and decided not to defend an appeal ruling to overturn the ban.
Today’s new ruling means that opponents of gay marriage, including anti-marriage group, ProtectMarriage can now appeal further decisions surrounding the law in court.
Chief Justice Tani Cantil-Sakueye wrote in the ruling document: “The resolution of this procedural question does not turn on the substance of the particular initiative measure at issue, but rather on the purpose and integrity of the initiative process itself.”
The court aimed to make it clear that the decision was not to do with gay marriage but the technicalities on who can defend the case.
Kate Kendell, Executive director of the National Center for Lesbian Rights said: “We disagree profoundly with the California Supreme Court’s holding that a handful of unelected initiative sponsors have the power to represent the interests of the entire public and to override the decisions of the state’s elected executive officers.”
Gay rights campaigners hope the ninth circuit will remove this damaging law.