The federal appeals court hearing the challenge to California’s Proposition 8 passed on taking another look at the ruling. The decision today by the U.S. Court of Appeals for the Ninth Circuit not to reconsider the appeal, in which a three-judge panel had found the amendment to be unconstitutional in February, starts a 90-day clock for the proponents to decide whether they will ask the Supreme Court to hear the case. [NOTE: They will appeal. See update below.]
“A majority of the panel has voted to deny the petition for rehearing en banc,” the court wrote.
The proponents of Proposition 8, who are defending the 2008 enactment in court, had requested the en banc rehearing. The court did not give a reason for its decision. Under the court’s rules, a majority of the 26 active judges on the court would have needed to agree to grant the rehearing.
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