The U.S. 9th Circuit Court of Appeals declined today to convene an 11-judge panel to rehear last February's 2-1 decision that California's Proposition 8 against same-sex marriage violates federal constitutional guarantees. Today's decision sets up a showdown over gay marriage at the U.S. Supreme Court, possibly by next year.

There was divided opinion at the 9th Circuit over whether to reconsider the February ruling. From legal affairs reporter Maura Dolan in the LA Times:

A majority of the circuit’s active judges voted against such reconsideration.

On Tuesday, Judge Diarmuid O’Scannlain, joined by two other jurists, wrote in a dissent that President Obama, in declaring his personal support for same-sex marriage, said it was a matter for states to decide.

“We have overruled the will of seven million California Proposition 8 voters,” O’Scannlain wrote. “We should not have so roundly trumped California’s democratic process without at least discussing this unparalleled decision as an en banc court.”

Judges Stephen Reinhardt and Michael Daly Hawkins, who voted in February to overturn Proposition 8, responded in a concurring opinion that their ruling was narrow.

“We held only that under the particular circumstances relating to California’s Proposition 8, that measure was invalid. In line with the rules governing judicial resolution of constitutional issues, we did not resolve the fundamental question that both sides asked us to: whether the Constitution prohibits the states from banning same-sex marriage.

“That question may be decided in the near future, but if so, it should be in some other case, at some other time.”

California voters passed Proposition 8 in November 2008, reinstating a ban on same-sex marriage six months after the state Supreme Court voided such a ban on state constitutional grounds.

Here's a statement this afternoon from Los Angeles Mayor Antonio Villaraigosa:

Today we have taken another momentous step on the path to full equality and dignity for all Californians and all Americans. Today, the US Court of Appeals for the 9th Circuit refused to reconsider its landmark ruling that Proposition 8 is unconstitutional. In its original ruling striking down Proposition 8, the Court was clear and compelling. Proposition 8 “serves no purpose…other than to lessen the status and human dignity of gays and lesbians in California.” With its decision, the court has once again affirmed a basic American truth: bigotry and bias have no place in our laws.

Today we celebrate. We celebrate a victory for love, a victory for the thousands of California couples who want to do nothing more than to seal their lifelong commitment to each other through the bonds of marriage. Tomorrow we prepare for the hoped-for last chapter in our decades long fight for marriage equality: a ruling by the United States Supreme Court. Between now and then, we will continue to make our case: love doesn’t care if you’re gay or straight, love doesn’t discriminate.

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Neil Olshey, who's been getting so much attention for his role in building the Clippers as VP of basketball operations, backed out of an agreement in principle to stay with the team and will become general manager of the division-rival Portland Trailblazers. Olshey worked without a contract from the Clippers all of last season, when he acquired Chris Paul and others.

Election Day in California...

Venus passes in front of the sun this afternoon for the last time until 2117. It's viewable from Southern California using special methods from about 3:40 p.m. to sunset. Transit of Venus.org

New rules for today's primary election races, but the Field Poll predicts a record low turnout for a California presidential primary. Sacto Bee, Dan Walters, LAT, WSJ

KCET's website will report live on the election results tonight. BallotBrief

The problem of human feces and hypodermic needles on the streets in Skid Row "appears to have worsened," county public health director Jonathan Fielding said. LAT, AP

John Kelly, Deputy Director of the County's Beaches and Harbors department, notified county officials on Monday that a beach maintenance worker in Malibu was threatened that he would be "wearing a toe tag" if he worked on the Malibu Lagoon restoration project.

The Board of Supervisors will consider repealing its 1942 resolution that urged President Franklin Roosevelt to proceed with internment of American citizens of Japanese descent and Japanese nationals in the county. DN

Three lanes are closed for construction on the lower traffic loop at LAX, approaching the turn toward the Bradley International Terminal. City News Service

TV executive Jeff Zucker and Dick Clark Productions CEO Mark Shapiro are candidates to become CEO of Tribune when it emerges from bankruptcy, the New York Post reports based on unnamed sources.

Yes, those were LA's Natural History Museum dioramas on "Mad Men." LAist

The Lakers picked up Andrew Bynum' $16.1 million contract option, but it doesn't mean they are keeping him.

Nereida Skelton, a teacher in Sacramento for 33 years, died Friday from complications of bone marrow cancer. The wife of Los Angeles Times columnist George Skelton was 68. Bee

Coach Rizzo urges his team to win the biggest game of their hockey lives.

Rizzo's story

President Obama returns to Los Angeles late Wednesday afternoon for yet another campaign fundraising appearance, this time at the Regent Beverly Wilshire in Beverly Hills. The event is a gay and lesbian community fundraiser for Obama.

The president's estimated arrival time at LAX is 4:20 p.m. So any street closures would come, as usual, right at the peak of the afternoon commutes. Obama will be staying overnight and leaving late Thursday morning from LAX.

The Kings needed heroic saves from goalie Jonathan Quick for the first half of Game 3, then the momentum turned their way. They ended up scoring four goals and shutting out the very frustrated New Jersey Devils. It the was largest crowd ever to see a hockey game at Staples Center — and the first Kings home game in 15 days — and they had a blast. Kings goals were scored by Alec Martinez, Jeff Carter, Anze Kopitar and Justin Williams. (Video of Williams' goal above.)

So — the Kings can win their first ever Stanley Cup on Wednesday — same time, same place. Except on Wednesday, unlike tonight, the game may be on free TV via NBC and channel 4. That's what some Twitter sources were saying tonight. We'll look for confirmation and let you know if it's accurate. We'll also be looking for information on possible displays of the Cup in Los Angeles before the game, and any celebration plans from the Kings.

Kings captain Dustin Brown celebrates during Game 3. Kings.com

The latest cartoon by Steve Greenberg. His LA Sketchbook archive

I kind of wondered if the Kings would go for a big name for their first Stanley Cup Final game at Staples Center (as well as the first-ever to be played in the city of Los Angeles.) Nope. They are staying with the voice who brung them. Toscano, an American Idol contestant in season 10, has sung the anthem before each playoff game at Staples this season. Here she is from the Canucks series in April.