The Ninth Circuit Court of Appeals on Tuesday most likely will announce whether it will rehear Perry v. Brown en banc.

The court announced on Monday that it will file a notice on Tuesday in the case challenging the constitutionality of California's gay marriage ban, Proposition 8.

A 3-judge panel in February upheld a lower court's ruling which found that the 2008 voter-approved amendment violated the constitutional rights of gay and lesbian couples who wish to marry. Writing for the 2-judge majority, Judge Stephen Reinhardt said that there was no legitimate reason for the ban.

The sponsors of the ban asked the court to review the ruling. If approved, the current decision would be thrown out and a new panel consisting of 10 randomly selected judges and Chief Judge Kozinski would rehear the case. If denied, the current decision would stand and supporters are almost certain to appeal the decision to the Supreme Court.

Analysts have noted that the odds of an en banc hearing are slim. Fewer than 20 out of nearly 8,000 requests are granted per year.

Such a denial, however, could strengthen sponsors' Supreme Court appeal if it includes a forceful dissent.