A federal appeals court is set to hear arguments on whether California's same-sex marriage ban is constitutional in a hearing to be televised nationally.

The three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco will hear arguments Monday on Proposition 8. A trial court judge overturned the voter-approved ban as a violation of gay Californians' civil rights in August.

The panel will first consider if the group that put the measure on the ballot is eligible to appeal since its members aren't responsible for enforcing marriage laws. Outgoing Gov. Arnold Schwarzenegger and Attorney General Jerry Brown refused to challenge the ruling.

The panel will then hear arguments on the proposition's constitutionality.