The California Supreme Court will consider a request by the U.S. 9th Circuit Court of Appeals on whether proponents of Proposition 8, California's gay marriage ban, have legal standing to defend it in court, the Los Angeles Times reported.

The justices will meet behind closed doors on Wednesday to decide the matter.

After a federal judge in San Francisco declared the law unconstitutional, proponents of the 2008 ballot measure appealed the ruling.

But the named defendants in the case – Arnold Schwarzenegger, as governor, and Governor Jerry Brown, as attorney general – refused to defend the law in court, prompting, the conservative group that put Proposition 8 on the ballot, and Imperial County, to step in.

The three-judge appeals panel heard oral arguments in the case in December. The court said it “cannot consider this important constitutional question” until it resolves the issue of legal standing, and asked the high court to rule on the matter.

During its televised hearing, the court hinted that it was inclined to uphold the lower court's ruling. But in his concurring opinion Stephen R. Reinhardt, considered the court's most liberal judge, said proponents of Proposition 8 “have a strong argument” on legal standing.