Prop. 8 Backers to Ask Appeals Court to Rehear Same-Sex Marriage Case

Categories: LGBT, Law & Order
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As some predicted, Proposition 8 backers are saying they will ask a larger group of judges from the liberal-leaning Ninth U.S. Circuit Court of Appeals to review a three-judge panel's decision to strike down California's ban on same-sex marriage, rather than appealing the ruling directly to the U.S. Supreme Court.

Lawyers representing proponents of Prop. 8, the state's ban on gay marriage, had until Tuesday to petition the Ninth Circuit to rehear the 2-1 ruling which concluded Prop. 8 was unconstitutional. As we reported yesterday, some now believe the Supreme Court might decline to hear the case -- a possible victory for gay-rights advocates, since the right-leaning court could deliver a broad defeat for advocates of same-sex marriage.

One might think this would encourage gay marriage foes to take their case to the supremes, but here's how Andy Pugno, legal counsel for the Protect Marriage Coalition, explained their decision:

Generally speaking, we think the Ninth Circuit as a whole deserves the chance to basically fix this because the decision is such an outlier, it's really not representative of what the Ninth Circuit's thinking on this issue has been.

The appeal means that same-sex marriages in California will be halted at least until the Ninth Circuit decides whether to accept or reject the rehearing petition. "There is liberal and then there is insanity, and there is just no way the entire Ninth Circuit would sign off on a decision like this," Pugno said.

If a larger panel of justices from the Ninth Circuit rehears the case, the resulting ruling will almost certainly be appealed by the losing side to the Supreme Court.

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3 comments
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e_dog
e_dog

Tell it to the mountain, Mr. Pugno. The more you talk, the clearer it is to everyone listening that Proposition 8 is nothing more than old-fashioned bigotry dressed in the emperor's new clothes.

Vincent Vuong
Vincent Vuong

Yes, either way it will go to the Supreme Court.  The litigants are playing all in.

Patrick Connors
Patrick Connors

Actually, the Pro Prop 8ers aren't bypassing SCOTUS - they are choosing the longest route possible to dely the final decision.

If 9th District declines to take the appeal the proponents could go to SCOTUS.

If 9th District allows the appeal there could be another round of testimony following a protracted wait for a decision - which could THEN be appealed to SCOTUS.

There's even a possibility that the 9th District appeal could happen TWICE before SCOTUS.

America loves to bend over backwards to accomodate supremacy.

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