gavelsmallA US appeals court will decide on Tuesday whether it will revisit the constitutionality of the Proposition 8 gay marriage ban in California, or let the US Supreme Court settle the issue.

In February, it was agreed in the Circuit Court of Appeals that the Proposition 8 ban discriminated against gays and lesbians.

The Circuit Court of Appeals will either hear the appeal of the Proposition 8 ban with a larger panel of judges or decline to review it, opening the way for an appeal to the US Supreme Court in the session that begins in October.

With growing acceptance towards gay marriage showing in recent polls of American voters, and President Barack Obama’s public support of the issue, gay rights groups are hoping to have the ban lifted.

The US Supreme Court have so far declined to rule broadly on whether marriage is a fundamental human right for same-sex couples as well as heterosexuals.

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