The U.S. Ninth Circuit Court of Appeals declined to rehear its February decision — made by a three-judge panel on a 2-1 vote — finding Proposition 8 unconstitutional. The proposition, which amended the California Constitution to ban same-sex marriage, passed by popular vote in the 2008 November election. The court, however, stayed its original decision so that gay couples will not be able to obtain marriage certificates pending an appeal to the Supreme Court, which must now decide if it will review the case.

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