Prop 8's Next Stop: Supreme Court Ninth circuit refuses to reconsider ruling By Kevin Spak, Newser Staff Posted Jun 5, 2012 1:14 PM CDT 9 comments Comments Supporters of same-sex marriage carry signs during a march rally in on Hollywood Boulevard following the California Supreme Court's ruling to uphold Proposition 8 on May 26, 2009. (Getty Images) (Newser) – The 9th Circuit Court of appeals today refused to reconsider its ruling that Proposition 8 was discriminatory, clearing the way for the case to go to the Supreme Court, the San Jose Mercury News reports. Backers of the gay-marriage ban had asked the court to rehear the case with a special 11-judge panel, but as expected the court rejected that request with a brief order. That leaves supporters nowhere to turn but to the highest court in the land. Gay weddings won't be allowed until they've had a chance to file that appeal. If the Supreme Court takes the case, it could wind up deciding for the entire country whether gay-marriage bans are fundamentally unconstitutional, but the 9th Circuit's ruling specifically avoided doing so. The court instead ruled as narrowly as possible, saying California's specific ban was discriminatory.