The Supreme Court is expected this week to decide whether to hear an appeal to Proposition 8, California's gay marriage ban.

The 2008 voter-approved constitutional amendment put an end to the weddings of gay couples taking place in the state after the California Supreme Court legalized such unions.

Defenders of the amendment have appealed February's U.S. 9th Circuit Court of Appeals ruling declaring that the marriage ban violated the Constitution's guarantee of equal protection.

The high court is also expected to consider whether to hear appeals to the Defense of Marriage Act (DOMA), parts of which have been struck down by appeals courts in Massachusetts and New York. DOMA denies legally married gay couples access to federal recognition.

Several law professors told the Los Angeles Times that the justices may hesitate to take the Proposition 8 case, known as Hollingsworth vs. Perry.

“The tide is flowing only one way. So a wait-and-see approach seems prudent at this stage,” UCLA's Scott Cummings said.

But Suzanna Sherry, a professor at Vanderbilt Law School, felt differently.

“Tennessee and the other deeply red states are not going to [allow gay marriage] on their own, at least for another 25 years. People here sincerely believe it will harm their marriage and offend God if gays are allowed to marry. If there is no rational basis for denying gays the right to marry, the court should step in and protect gays from the tyranny of the majority.”

Should the court decide against hearing the case, then the lower court's order would stand, and the weddings of gay couples in California would resume. But it's unlikely the ruling would affect other states, which has Ted Olson, who along with David Boies argued the case, torn on whether the court should step in.

“We won the case, and if they don't take it, our clients won. They will be allowed to marry,” Olson told the paper. “But if they take the case, it could lead to a broader victory. We believe gays and lesbians have a constitutional right to be treated equally. And if it is a constitutional right, you shouldn't have to try to win at the ballot box in every state.”

The Supreme Court is expected to announce its decision by December 3.