The U.S. 9th Circuit Court of Appeals expects to release an opinion Tuesday on the constitutionality of Proposition 8, the 2008 ballot measure regarding same-sex marriage in California.

The three-judge panel heard arguments on whether the decision to strike down Prop 8 should be overturned because the justice overseeing the initial ruling failed to recuse himself or disclose he was in a gay relationship.

A summary of the opinion regarding the case Perry v. Brown will be prepared by court staff and will be posted along with the opinion sometime after 10 a.m. Tuesday.

Proposition 8 passed in the November 2008 state elections, adding a new provision to the California Constitution, which provides that "only marriage between a man and a woman is valid or recognized in California.

Some members of the San Diego gay and lesbian community plan to march through Hillcrest on Tuesday evening in response to the ruling. A rally will be held at 6 p.m. on Sixth and University Ave.

Depending on the court's decision, the participants of the rally will bring signs of protest or celebration. In any case, they plan to wear rainbow attire, according to a statement from San Diego Gay and Lesbian News.

Combined with the court's decision, the rally will also urge the approval of proposal to install a year-round rainbow flag.

“We are hopeful about tomorrow’s ruling,” said Dr. Delores Jacobs, CEO of The San Diego LGBT Community Center in a statement.

“While a Ninth Circuit ruling that Prop 8 is unconstitutional would be historic and vital, if the court stays their decision as expected, it would mean that, once again, the window for marriages to take place will not be opened in California.”

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