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发帖数: 4174 | 1 Posted on Advocate.com February 21, 2012 03:55:00 PM ET
Facing Deadline, Prop. 8 Backers Seek Full Review by Appeals Court
By Neal Broverman
Charles Cooper x390 (GETTY) | ADVOCATE.COM
Prop. 8 attorney Charles Cooper
With Tuesday serving as the deadline for Prop. 8 proponents to request
another appeal on the ruling that declared the voter initiative
unconstitutional, proponents of California's same-sex marriage ban say they'
re seeking a full review by the Ninth Circuit Court of Appeals.
Prop. 8 attorney Charles Cooper tellsMetroWeekly that he is seeking en banc
review for the case — Prop. 8 was declared unconstitutional in 2010 by a
federal judge, and a three judge appellate panel upheld that ruling two
weeks ago. Now, the group ProtectMarriage, behind the 2008 antigay
initiative, are seeking more of the Ninth Circuit to review the case. A
majority of the approximately 20 Ninth Circuit judges have to approve an en
banc review. Because the Ninth Circuit is a large circuit, they could
approve a partial en banc, which would allow 11 judges to rule on the
constitutionality of Prop. 8.
The en banc request will likely keep the case out of the Supreme Court until
the 2012 presidential election. It's not exactly clear how this will effect
marriage equality resuming in California, but the stay on marriages will
likely continue until the Ninth Circuit decides whether to review the three
judge decision. | m******1
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