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USA: Ninth Circuit May Re-Hear Gay Juror Case

Friday, March 28th, 2014

California MapOK, so it sounds a little boring, but this is important – apparently at least one judge in the Ninth Circuit wants a re-hearing on the “gay juror” case.

Equality in Trial explains:

The Ninth Circuit is asking all the parties in SmithKline Beecham v. Abbott Laboratories to file briefs telling the court whether it should rehear the case en banc, with a larger panel of judges. The call apparently came from one or more judges on the court under a rule that allows any judge to call for rehearing on their own after the time expires for a party to ask for rehearing…

If rehearing en banc is ultimately granted after all briefs are filed, the three-judge panel’s initial decision will be wiped out and will not remain precedent. This likely means that the circuit court’s determination that sexual orientation discrimination warrants heightened judicial scrutiny will be reconsidered. The larger panel, 11 judges in the Ninth Circuit, could still reach that same holding in its final decision, however. State officials in Nevada and Oregon – two states that fall within the Ninth Circuit – have declined to defend their state bans on same-sex marriage, in part because of the SmithKline decision.

I’ve never heard of a Circuit Court voiding its own decision like this, but then I’m not a lawyer. Does this kind of thing happen often?

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USA, California: Right Wing Goes After Conversion Therapy Ban Again In Court

Thursday, September 12th, 2013

California MapAfter losing the battle in the Ninth Circuit Court of Appeals, the Liberty Counsel is asking for a rehearing.

Equality on Trial reports:

Today the Liberty Counsel, who brought one of the lawsuits challenging the ban on First and Fourteenth Amendment grounds, has filed a petition for rehearing and rehearing en banc at the Ninth Circuit. This means if they agree to rehear the case, the same panel could hear it again, or an 11-judge en banc panel will take up the issue anew. The petition questions the Ninth Circuit’s application of the more lenient rational basis scrutiny on a variety of grounds, suggesting that the law is content-based and viewpoint-based so that the proper First Amendment scrutiny should be the most rigorous strict scrutiny. And the petition suggests higher levels of scrutiny should apply if the law is based on conduct that touches on speech, among other things.

What, have they suddenly found some compelling new evidence that beating gay kids with tennis rackets actually does work to turn them straight?

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