Update: The court didn't take up the case, but still could do so Friday.

Today is the day that U.S. Supreme Court could take up the legality of same-sex marriage in California.

Seems to us that folks who back equality in marriage would rather see the high court turn its back on California's Proposition 8, the initiative that outlawed same-sex marriage in the Golden State in 2008

That's because that by failing to take action, the court would let another ruling that overturns it stand:

In August of 2010 a U.S. district court in California ruled that Prop. 8 is unconstitutional. That ruling was upheld by the Ninth Circuit federal appeals court earlier this year.

Backers of the initiative, which received out-of-state support from the Mormon church, challenged that ruling and asked the U.S. Supreme Court to overturn the lower court decisions.

As the American Foundation for Equal Rights explains it in a statement:

Should the Court grant review, the Justices will go on to consider whether Proposition 8 violates the Fourteenth Amendment to the United States Constitution. If the Court denies review, the February 2012 decision of the United States Court of Appeals for the Ninth Circuit that struck down Proposition 8 is made permanent, ending four years of marriage inequality in California.

We'll be watching.

[@dennisjromero / djromero@laweekly.com / @LAWeeklyNews]

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