Prop 8: gay marriage ban backers seek reconsideration

GlobalPost

Backers of a gay marriage ban in California are seeking to revive Proposition 8 but for now have stopped short of going before the Supreme Court, according to The San Jose Mercury News.

A federal appeals court, the 9th Circuit Court of Appeals, on Feb 7 upheld a lower-court ruling that found that the ban was unconstitutional, treating gays as another class of citizen.

More from GlobalPost: Prop 8: California gay marriage ban struck down as unconstitutional

After that ruling, the Project Marriage Coalition could have taken their case before the Supreme Court but instead have sought a reconsideration of the Feb 7 ruling by a larger panel. Only three judges considered the appeal on Feb 7 and in a split decision, the majority ruled against Prop 8.

"Generally speaking, we think the 9th 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 9th Circuit's thinking on this issue has been," Andy Pugno, legal counsel for the Protect Marriage Coalition, was quoted as saying.

A opponent of Prop 8 said his side were ready to return to court.

"We are ready to defend our victory whatever path this case takes," Theodore Boutrous, an attorney for Prop. 8's challengers, was quoted as saying. "Because our plaintiffs have the right to get married, which both the District Court and the Ninth Circuit vindicated, we oppose en banc review and will seek to bring that fundamental right to reality at the earliest possible time for the tens of thousands of Californians who are being denied basic justice, due process and equality."

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The Merc said most legal experts expected the 9th Circuit not to rehear arguments in the Feb 7 decision. In that case, Proposition 8 supporters could go seek to before the Supreme Court.

MetroWeekly said today that this decision means that the case will almost definitely not go before the Supreme Court before November’s presidential elections
 

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