Tuesday, June 5, 2012

9th Circuit Court DENIES request to rehear Prop 8 appeal - will the Supremes take it on?


AP: "A federal appeals court in San Francisco has refused to reconsider a landmark ruling that struck down California's ban on same-sex marriages." More

Reuters: "Supporters of the 2008 ban, Proposition 8, have lost two rounds in federal court but have made clear they will appeal to the U.S. Supreme Court and hope for a favorable response from the conservative-leaning court. The top U.S. court could agree to hear the matter in the session beginning in October, putting it on track to decide the case within a year. It could also decline to review Prop 8." More.

 LA Times: "Tuesday's decision means the U.S. Supreme Court is likely to  have two major gay-rights cases on its docket in the near future.  Another federal appeals court last week struck down a federal  law that denied federal recognition to same-sex marriage." More. Also:  Supreme Court may not hear Prop. 8 appeal.


The New Civil Right s Movement: "Supporters of Prop 8 can petition the Supreme Court to try the case, or, after ninety days, same-sex couples in California can begin to marry again, if the case does not go to the Supreme Court. The Ninth Circuit has decided to "stay" the ruling, which would mean that same-sex marriage would still not be allowed in California, until the end of the 90 days, or until the case goes to the Supreme Court. Chances are strong that the supporters of Prop 8 will take their case to the Supreme Court, which probably would not hear the case until 2013 at the earliest." More

Prop 8 Trial Tracker: "No one is certain if the Supreme Court would grant review of the case as it currently stands. Judge Reinhardt's opinion for the three-judge Ninth Circuit panel is very narrow and the holding is specific to California's unique legal circumstances. A denial of rehearing in this case leaves the decision California-specific and there may not be four Justices - the number needed to grantcertiorari - who want to visit an issue that's so limited in scope. On the other hand, the panel's decision did strike down an amendment to a constitution of an enormous state involving a contentious issue. And allowing gay couples to marry in California would nearly double the amount of people in the United States who live in an area that allows same-sex marriage." More

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