In Calif., Prop 8 fight reaches next judicial rung

The legal fight over California's same-sex marriage ban is reaching the next rung on the judicial ladder.

A federal appeals court in San Francisco plans to hear two hours of arguments Monday about the voter-approved ban known as Proposition 8. A trial court judge overturned the measure as a violation of gay Californians' civil rights in August.

In the first hour, a three-judge panel will consider if the group that put Proposition 8 on the ballot two years ago is eligible to appeal the lower court decision since its members are not responsible for enforcing the state's marriage laws.

Outgoing Governor Arnold Schwarzenegger and Attorney General Jerry Brown refused to challenge the ruling.

In the second hour, the panel will hear arguments on the constitutionality of Proposition 8.

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