California same-sex marriage ban gets another day in court 

click to enlarge Diane Olson, left, and Robin Tyler pose in their Los Angeles home Thursday Nov. 17, 2011. Olson and Tyler, two of the original four plaintiffs who successfully sued to overturn the Proposition 8 ban in the lower court have argued that if the ban's backers did not have the right to appeal, the trial judge's decision would stand and same-sex marriages would be legal in California for the first time since Proposition 8 passed three years ago. - AP PHOTO/NICK UT
  • AP Photo/Nick Ut
  • Diane Olson, left, and Robin Tyler pose in their Los Angeles home Thursday Nov. 17, 2011. Olson and Tyler, two of the original four plaintiffs who successfully sued to overturn the Proposition 8 ban in the lower court have argued that if the ban's backers did not have the right to appeal, the trial judge's decision would stand and same-sex marriages would be legal in California for the first time since Proposition 8 passed three years ago.

Another episode in the long legal saga of California's same-sex marriage ban is scheduled to unfold in a San Francisco courtroom.

A federal appeals court plans to hear oral arguments Thursday on whether a lower court judge who ultimately struck down voter-approved Proposition 8 should have recused himself because he was in a same-sex relationship.

The three-judge panel of the 9th U.S. Circuit Court of Appeals also will weigh if it should unseal video recordings of last year's landmark trial on the voter-approved ban's constitutionality.

The panel is not expected to rule immediately on either issue. But both topics need to be argued before the court can issue a decision either upholding or overturning the ban.

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