Because a majority of the U.S. 9th Circuit Court of Appeals' 26 judges declined to revisit a three-member panel's ruling striking down Prop 8, the court will not reconsider the decision to overturn California's same-sex marriage ban.
Proponents of Prop 8 earlier indicated they would appeal next to the U.S. Supreme Court if the 9th Circuit decision did not go their way.
The gay marriage foes had petitioned the full 9th Circuit in February, after the three-justice panel essentially struck down Prop 8, which California voters approved in November 2008. Two gay couples sued to prevent the implementation of Prop 8 in May 2009, arguing the law violated their civil rights.
Federal Judge Vaughn Walker, who was based in San Francisco before retiring, sided with the couples, leading to the appeal by Prop 8 backers and the appellate panel's ruling.
California's becomes one of several same-sex marriage cases headed for the Supremes.