The 9th Circuit said a majority of its actively serving judges had voted not to revisit the 2-1 decision by a three-judge panel of the court declaring Proposition 8, the voter-approved ban, unconstitutional.
Prop 8 sponsors petitioned the full 9th Circuit to review the decision.
UC Davis School of Law Professor Vik Amar says now - the big question is whether the nation's highest court will take up the case...
"…because the sponsors of Prop 8 no doubt will seek review in the U.S. Supreme Court."
Amar says the Supreme Court could grant the case, could deny the case…or sit on it.
"The Supreme Court could say we want to hear The Defense of Marriage Act case out of Boston that was decided a number of days ago and it could wait on this one for a while before deciding whether to take it or not."
In the meantime, same-sex marriages will not be performed in California until the issue is resolved in the courts.