The Ninth U.S. Circuit Court of Appeals announced Thursday that it will hear oral arguments for the appeal of California's gay marriage ban, Proposition 8, on Monday, December 6 at 10AM.

The law's sponsors,, are appealing an August ruling that declared the ban unconstitutional.

Plaintiffs – a gay couple and a lesbian couple who wish to marry – are being represented by the American Foundation for Equal Rights (AFER), a group formed to support the case.

Both sides have already filed written arguments.

“Fourteen times the Supreme Court has stated that marriage is a fundamental right of all individuals,” plaintiffs' lawyers Theodore B. Olson and David Boies wrote in their filing. “This case tests the proposition whether the gay and lesbian Americans among us should be counted as 'persons' under the Fourteenth Amendment, or whether they constitute a permanent underclass ineligible for protection under that cornerstone of our Constitution.”

In urging the court to overturn the ruling, defendants chided the trial court's judge, Vaughn Walker.

Lawyers said he ignored relevant information, including “judicial authority, the works of eminent scholars past and present in all relevant academic fields, extensive historical and documentary evidence,” in finding the law unconstitutional and based his opinion “almost exclusively on an uncritical acceptance the evidence submitted by Plaintiffs' experts.”

He “simply ignored virtually everything … that ran counter to its conclusions,” lawyers wrote in their 134-page brief.

Both sides have said they expect the case to reach the Supreme Court.