SAN FRANCISCO, CA - DECEMBER 06: Same sex couple Jeff Tabaco (L) and Thom Watson embrace during a demonstration outside of the Ninth Circuit Court of Appeals on December 6, 2010 in San Francisco, California. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco is scheduled to hear arguments today on anti-gay marriage proposition Prop 8 after a trial court judge overturned the voter-approved ban ruling it a violation of civil rights. (Photo by Justin Sullivan/Getty Images)
The 9th U.S. Court of Appeals said last month that it cannot decide if the gay marriage ban is constitutional until the state high court weighs in on whether proposition sponsors have authority to defend the measure.
A three-judge panel asked the California Supreme Court to decide if ballot proposition backers can step in to defend voter-approved initiatives in court when state officials refuse to do so. The panel suggested it would have to dismiss the case if there's no state high court input.
The Los Angeles Times says Cantil-Sakauye told reporters Wednesday that the California Supreme Court will soon decide whether to weigh in.