Calif. Prop 8 fight heading for Supreme Court Updated 3:24 PM ET (CBS/AP) SAN FRANCISCO - The sponsors of California's same-sex marriage ban said Tuesday they plan to ask the U.S. Supreme Court to review a landmark appellate court ruling that struck down the law as unconstitutional. Alliance Defense Fund lawyer Brian Raum said Proposition 8 backers "absolutely" would take the case to the high court now that it has run its course at the 9th U.S. Circuit Court of Appeals. Raum said he expected to get a ruling from the Supreme Court sometime in the fall on whether it would take the case. He did not know if the Proposition 8 defense team would take the entire 90 days they have to petition the Supreme Court. "This is a great step forward to the day when everyone will be able to marry the person they love," said attorney David Boies, who represents two couples who contested Prop 8, as reported by CBS San Francisco. The move follows a federal appeals court's refusal to revisit a decision by two of its member judges declaring the voter-approved ban to be a violation of the civil rights of gays and lesbians in California. Backers of the ban petitioned the full 9th U.S. Circuit Court of Appeals in February to review the decision instead of appealing directly to the U.S. Supreme Court. The 9th Circuit said Tuesday a majority of its 26 actively serving judges had voted not to revisit a three-judge panel's 2-1 decision declaring the voter-approved ban to be a violation of the civil rights of gays and lesbians in California.