Appeals court gay marriage california, A federal appeals court on Tuesday will decide the legality of Proposition 8, California's ban on same-sex marriage.
In a brief announcement released Monday morning, the 9th U.S. Circuit Court of Appeals said it planned to release the long-awaited ruling by 10 a.m. tomorrow.
The appeals court is reviewing a federal judge's 2010 ruling striking down Proposition 8, which voters approved four years ago to restore the state's gay marriage ban.
Former Chief U.S. District Judge Vaughn Walker, after holding an unprecedented trial in early 2010, found Proposition 8 violates the federal equal protection rights of same-sex couples.
Two same-sex couples, including a lesbian couple from Alameda County, sued to overturn the law, backed by two of the nation's top lawyers, David Boies and Theodore Olson, former U.S. Solicitor General during the Bush administration.

In addition to deciding the constitutionality of Proposition 8, the 9th Circuit plans to rule on gay marriage opponents' attempt to set aside Walker's ruling because he did not disclose he was in a long-term same-sex relationship at the time of the trial.
Current Chief U.S. District Judge James Ware rejected that argument last year, but Proposition 8 backers appealed his decision to the 9th Circuit.
Regardless of how the 9th Circuit rules, Tuesday's ruling is expected to be only a prelude to further legal skirmishing that ultimately is likely to wind up in the U.S.

Legal experts predict that even if the appeals court upholds Walker and strikes down Proposition 8, the judges are likely to put their ruling on hold to give Proposition 8 defenders an opportunity to appeal further.
As a result, same-sex couples are likely to have to wait still longer for the right to wed in California.
The loser in Tuesday's ruling can ask the 9th Circuit to rehear the case with an 11-judge panel, before it would proceed to the Supreme Court.
The three 9th Circuit judges now hearing the case are an ideological mix. The panel includes Judge Stephen Reinhardt, a Carter appointee widely considered one of the most liberal judges in the nation; Judge Michael Daly Hawkins, a former Arizona U.S. attorney and Clinton appointee; and Judge N. Randy Smith, an appointee of President George W. Bush and the most conservative member of the group.