The Ninth Circuit Court of Appeals on Tuesday rejected an appeal to revisit the case that struck down California’s Proposition 8, a controversial law that banned gay marriage in the state. The denial clears the way for the case to be appealed to the Supreme Court, where gay marriage opponents hope the conservative-leaning bench would rule in their favor. The First Circuit appeals court in Boston last week ruled that the Defense of Marriage Act was unconstitutional because it denied marriage rights to same-sex couples in a state where gay marriage is legal. So far, courts have declined to rule broadly on whether marriage is a fundamental right for gay couples.
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