The 9th Circuit Court of appeals declined to take up the case of the constitutionality of California's Proposition Eight Tuesday morning, suggesting that the same-sex marriage ban could possibly go to the Supreme Court.

The full court of the 9th Circuit refused to hear the case but did place a 90-day hold on its decision, meaning that same sex marriages cannot take place in California during the time period.

If the Supreme Court takes the case, the hearing likely will be held during the spring of 2013.