The California Supreme Court is to meet today to decide whether supporters of the state’s gay marriage ban have the legal standing to defend it.
Last August, a District Judge ruled that the ban, known as Proposition 8, was unconstitutional.
Anti-gay group ProtectMarriage.com wants to challenge the ruling but state officials have refused the defend the ban.
The 9th US Circuit Court of Appeals says it will not hear the case until the Supreme Court determines whether the anti-gay group can legitimately defend the ban.
After the August ruling, gay marriages were to resume a week later but opponents successfully argued that the ban should stay in place until they have appealed.
The court will be held in a closed session.
The Los Angeles Times reports that depending on the decision, the appeals court could dismiss the appeal on procedural grounds, which would limit its scope to California.
Alternately, it could rule on federal constitutional questions which would affect marriage equality across the US.