SAN FRANCISCO (AP) – The California Supreme Court said Aug. 10 it would not immediately decide whether a state ban on same-sex marriage is unconstitutional, keeping same-sex marriage off-limits while leaving the issue in legal limbo.

Attorney General Bill Lockyer and others wanted to bypass an appeals court hearing to expedite a definitive ruling from the state’s highest court. They asked the justices to directly review the trial judge’s ruling.

“We’re disappointed,” said Nathan Barankin, a spokesperson for Lockyer, who wanted the court to overturn the ruling and uphold state law. “We thought that the cases were ripe for a prompt and final resolution without having to go through the court of appeal.”

The case will remain before the 1st District Court of Appeal in San Francisco, where it is likely to take months for a decision on the controversial issue that voters could face next year.

Randy Thomasson, executive director of Campaign for California Families, who is pushing a constitutional amendment to permanently ban same-sex marriage, welcomed the decision.

“It’s very good that the high court declined to hear this case,” said Thomasson, who urged the court not to hear the case. “The high court should never turn marriage upside down and inside out.”

Without comment, the 5-0 decision, with one justice not participating and one vacancy on the court, came a week after the court ruled that gays and lesbian domestic partners are entitled to virtually the same benefits as married couples.

The high court normally does not resolve cases until they have worked their way through the lower courts. One of the last times it did, however, involved same-sex marriage.

In August, 2004, the court ruled unanimously that San Francisco Mayor Gavin Newsom overstepped his authority when he issued same-sex marriage licenses during a month-long wedding march that began in February that year.

The court took the case at the time because gay and lesbian newlyweds were seeking spousal benefits not authorized by the state at the time. Many of those benefits are now available under the domestic partners law that took effect in January.

In its ruling at the time, the court also voided the 4,000 same-sex marriages sanctioned by the city, but did not resolve whether the California Constitution allowed same-sex marriage.

That issue was taken up by San Francisco Superior Court Judge Richard Kramer, who ruled in March in favor of a challenge brought by Newsom and gays and lesbians who were denied marriage certificates.

Kramer wrote that “It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners.”