Gay Marriage Fight Reaches Next Judicial Rung in California

SAN FRANCISCO (AP) — A federal appeals court is set to hear arguments on whether California's same-sex marriage ban is constitutional in a hearing to be televised nationally.

The three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco will hear arguments Monday on Proposition 8. A trial court judge overturned the voter-approved ban as a violation of gay Californians' civil rights in August.

The panel will first consider if the group that put the measure on the ballot is eligible to appeal since its members aren't responsible for enforcing marriage laws. Outgoing Gov. Arnold Schwarzenegger and Attorney General Jerry Brown refused to challenge the ruling.

The panel will then hear arguments on the proposition's constitutionality.

The court last month granted C-SPAN permission to broadcast the proceedings live.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The legal fight over California's same-sex marriage ban is reaching the next rung on the judicial ladder.

A federal appeals court in San Francisco plans to hear two hours of arguments Monday about the voter-approved ban known as Proposition 8. A trial court judge overturned the measure as a violation of gay Californians' civil rights in August.

In the first hour, a three-judge panel will consider if the group that put Proposition 8 on the ballot two years ago is eligible to appeal the lower court decision since its members are not responsible for enforcing the state's marriage laws.

Outgoing Governor Arnold Schwarzenegger and Attorney General Jerry Brown refused to challenge the ruling.

In the second hour, the panel will hear arguments on the constitutionality of Proposition 8.