Proposition 8 Remains Struck Down, May Go to Supreme Court
The Ninth Circuit Court refused on Tuesday to reconsider the decision in February striking down California’s Proposition 8, the voter-approved ban on same-sex marriages in the state. The Court, however, put the case on hold for 90 days to allow the proponents of the ballot measure to seek to appeal to the Supreme Court. The denial came over the dissents of three judges, who called this a “momentous case” and argued that the divided decision of a three-judge panel had resulted from a “gross misapplication” of a key Supreme Court ruling on gay rights. The combination of orders and separate opinions can be read here.
Read more at SCOTUSblog.
If the high court declines to hear the case, or if the Supreme Court upholds the Ninth Circuit's ruling, then same-sex marriage will be legal in California. If the Supreme Court takes the case and reverses the Ninth Circuit decision, then it won't.
Interestingly, the three dissenting judges (i.e. the judges who want to see the case retried/ Prop. 8 potentially stand)--all GOP appointees--cited President Obama in their opinion:
A few weeks ago, subsequent to oral argument in this case, the President of the United States ignited a media firestorm by announcing that he supports same- sex marriage as a policy matter. Drawing less attention, however, were his comments that the Constitution left this matter to the States and that “one of the things that [he]’d like to see is–that [the] conversation continue in a respectful way.”
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