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Prop 8 Decision: Court To Reveal Tuesday Whether It Will Reconsider California Gay Marriage Ban

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SAN FRANCISCO — A federal appeals court in San Francisco plans to reveal Tuesday whether it will reconsider a ruling by two of its member judges that struck down California's ban on same-sex marriages.

The 9th U.S. Circuit Court of Appeals said Monday that it would announce whether a majority of its actively serving judges had voted to revisit a three-judge panel's 2-1 decision declaring the voter-approved ban unconstitutional.

Backers of the state's ban, known as Proposition 8, opted in February to petition the full 9th Circuit to review the split decision instead of appealing directly to the U.S. Supreme Court, which they still can do if the court refuses to grant them a rehearing.

If the appeals court decides to rehear the case, it will go before a panel that includes the chief judge and 10 randomly selected judges.

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