(MSNBC) A federal appeals court said Tuesday it will not rehear arguments on California’s Proposition 8, meaning the final word on the constitutionality of the state’s ban on same-sex marriage will likely come from the U.S. Supreme Court.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 in February that the ban discriminated against gays and lesbians and served no purpose other than to “lessen the status and human dignity of gays and lesbians.” It rejected the key argument by ban supporters that Prop 8 furthered “responsible procreation.”

Prop 8 backers appealed the ruling to the full 9th Circuit, which on Tuesday declined to review it with a larger panel of 11 judges. That clears the way for Prop 8 backers to appeal to the U.S. Supreme Court. They have 90 days to do so.

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