U.S. District Chief Judge Vaughn Walker has scheduled a hearing Friday on staying his decision pending appeals, the Los Angeles Times reported. When he released his decision Wednesday, he issued a temporary stay.
The case is expected to go to the U.S. Supreme Court, a process that could take several years. A notice of appeal with the 9th Circuit U.S. Court of Appeals was filed within hours of the decision.
Supporters of Proposition 8, which received 52 percent of the vote in 2008, are hopeful of a reversal in the Supreme Court, CNN reported. But if Justice Anthony Kennedy, the swing vote on the court, upholds Walker they could lose 5-4.
"The court's disregard for the historical purposes of marriage would require California to embark on a novel experiment with the fundamental institution of marriage," Charles Cooper, a lawyer involved in the case, said in a statement.
Proposition 8 reversed state court rulings that banning same-sex couples from marrying violated the California Constitution. Same-sex marriages contracted before the proposition passed remain legally binding.