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BREAKING NEWS: Ninth Circuit Court of Appeals to rule Tuesday on Prop. 8 constitutionality

SAN FRANCISCO -- The Ninth Circuit Court of Appeals will file its opinion on the constitutionality of Proposition 8 by 10 am Tuesday, it announced today.

The appeals court will also rule on the denial of a motion to vacate the lower court judgment in the case. Supporters of Proposition 8 argues that the ruling by Chief U.S. District Judge Vaughn Walker should be invalidated because he is gay.

On Dec. 8, the appeals court heard two motions regarding Perry v. Brown and ruled last week against releasing the trial videotapes.

On Aug. 4, 2010, Walker ruled that Proposition 8 was unconstitutional, setting the stage for a legal battle and a series of appeals and motions by both sides.

Regardless of the ruling by the appeals court, the decision most likely will be appealed to the U.S. Supreme Court, where conservative justices outnumber progressive and liberal justices.