A three-judge panel from the 9th U.S. Circuit Court of Appeals announced today that the federal court will not determine the constitutionality of California’s ban on same-sex marriage, Proposition 8, before the court knows whether or not the law’s backers have the legal right to defend the ban.

According to the Associated Press:

In a brief order filed Tuesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals asked the California Supreme Court to decide if the backers of ballot propositions can step in to defend voter-approved measures in court when state officials refuse to do so.

Former Gov. Arnold Schwarzenegger and former Attorney General Jerry Brown refused to appeal a lower court’s ruling that Prop 8 violated the civil rights of LGBT Californians. Backers of the ban stepped in to defend the district court's ruling before the 9th Circuit, who will now defer the issue to the state's Supreme Court.

Attorney Ted Olsen, who represents two same-sex couples suing to overturn the law, argued before the court that the proponents of the law did not have the legal standing to defend the ban in court.

A ruling is not expected for several months.