A conservative Supreme Court justice has been left out of the decision to legalize same-sex marriage in California.
Justice Ruth Bader Ginsburg, who was a member of the court from 1991 to 1992, is not among the nine justices on the high court.
Justice Elena Kagan, who joined the court in June, is among the five remaining.
The high court had been expected to rule on the legalization of gay marriage in March, with the justices scheduled to issue a majority opinion.
But Justice Stephen Breyer, who is retiring, said in a Twitter post that he would not be attending the court’s Feb. 26 hearing.
The Supreme Court has been split between liberals and conservatives for years, and it has been unclear whether justices who were on the court for the past decade or so would be joining the new administration.
A vote for the justices could give President Donald Trump his first major victory on LGBT rights.
The president has promised to roll back protections for LGBT people and has repeatedly said he opposes same-gender marriage.
Ginsburg and Kagan had been slated to be part of the Supreme Court’s five-member conservative bloc.
A seat on the bench that had been vacant since the death of Justice Antonin Scalia last year was filled by Justice Anthony Kennedy.