The state of California does not have to defend Prop. 8, the law the prohibits same-sex marriage, in court, leaving open the possibility that a recent court decision overturning the ban will stand.

The state's 3rd District court of appeal on Thursday ruled that Gov. Arnold Schwarzenegger and Attorney General Jerry Brown don't have to defend the law by appealing that ruling, according to Associated Press. Both have stated they don't want to reverse the ruling that would make same-sex marriage legal in the Golden State.

The Pacific Justice Institute, which is fighting to uphold the voter-approved proposition, stated it planned to appeal 3rd District ruling to the California Supreme Court.

The group's chief counsel Kevin Snider told AP ” … we are disappointed that the appellate court showed indecisiveness in trying to prevent a constitutional crisis. They didn't want to deal with it.”

The group wants the governor and the A.G. to uphold the state law and defend Prop. 8. A previous ruling stated that same-sex marriage opponents might have legal standing to defend Prop. 8 – that state leaders must do that.

If they don't step in to defend Prop. 8 by Sept. 11, the ruling overturning the law could stand, although same-sex marriage opponents vowed to take the matter all the way to the U.S. Supreme Court.

LA Weekly