The U.S. 9th Circuit Court of Appeals in San Francisco on a 2-to-1 vote Tuesday upheld a lower court ruling, which had declared California’s controversial Proposition 8 ban on same-sex marriage unconstitutional.

The Ninth Circuit Court of Appeals Tuesday is expected to decide the constitutionality of California's Prop 8 ballot measure banning same-sex marriage.

On Monday, Washington state’s government took another step towards becoming the seventh state to legalize gay marriage on Monday when Gov. Gregoire's bill advanced to the Senate.

People rally outside a federal court house in support of California over turning a ban on same sex marriage in San Francisco, California, June 16, 2010.

Jeff Zarrillo (L) kisses his partner Paul Katami during a news conference in San Francisco, California, following a decision by US District Judge Vaugh Walker that says Proposition 8 violates gays' and lesbians' rights of equality August 4, 2010.

Same sex couple Danielle Peregory (L) and Kelly Jones stand in line for their marriage license application after a judge lifted the Proposition 8 stay on same sex marriages at City Hall in San Francisco, California August 12, 2010.

Same sex couple Terese Rowe (C) and Kristin Orbin wait to receive a marriage license application prior to a judge lifting the Proposition 8 stay on same sex marriages at City Hall in San Francisco, California August 12, 2010

Supporters of California's Proposition 8 ban on gay marriage protest outside the California Supreme Court in San Francisco, California before a hearing on the initiative September 6, 2011.