A federal judge has once again made gay marriage legal in California, handing down a ruling on Proposition 8, saying that it is unconstitutional for states to discriminate against same sex couples.
Gay rights activists celebrated the victory in San Francisco.
But the case could become more far reaching - as it will likely be appealed in the 9th Circuit Court of Appeals and then before the U.S. Supreme Court.
"Obviously a U.S. Supreme Court decision, if it strikes down prohibitions on same sex marriage, would effect the entire country," said Jon Van Dyke, U.H. Manoa Law Professor.
Including Hawaii's fight over civil unions. Currently state legislators have the authority to determine whether same sex couples can tie the knot.
"I would think now that provision is in jeopardy," said Van Dyke.
"This issue is destined for the courts. There will be rulings in the courts and whatever the courts rule will certainly have impact on what we lawmakers do," said Senator Will Espero, (D) Ewa Beach, Ocean Pointe, Honouliuli.
Sen. Espero was among a handful of state lawmakers this session who voted down HB444, which would have allowed same sex couples in Hawaii to join in civil unions. That's a bill that eventually passed but was vetoed by Governor Linda Lingle, which prompted the ACLU of Hawaii to file suit.
"People are doing work on a lot of different fronts to move towards equality for same gender couples throughout the nation," said Dan Gluck, ACLU of Hawaii attorney. "The case in California was brought under federal law, our case is brought under state law so there are some differences."
Constitutional law professor Jon Van Dyke says the decision in California now sets a precedent.
"So this might be a situation where again our judges would see value in looking to the federal judge in San Francisco," said Van Dyke.
Hawaii lawmakers say the legal showdown will be closely watched.
"There may be a strong push to just wait and see what happens on the federal level," said Sen. Espero.
Same sex couples in California are not being allowed to immediately marry while the case goes through appeals.
And so far the decision is not yet having an impact on the five other states and the District of Columbia that already allow same sex marriage.
