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Posted: 2/21/12

The ADF lawyers for ProtectMarriage.com has stated today (2/21/12) they are seeking an en banc review of the 3 judge decision that recently struck down Prop.8 as unconstitutional.  ADF filed the necessary paperwork, which was due today.  

The Ninth Circuit is different from other Circuit courts in that it also has something called a "limited en banc" where only half the judges, 11, review a 3 judge decision.  Later an appeal can be made to the entire en banc and then to the U.S. Supreme Court. ref, ref2  It is not likely that an appeal to the Ninth Circuit's entire en banc will be sought if the limited en banc rules against the ProtectMarriage.com since a full en banc panel has not been granted since the limited en banc was adopted ref.  I suspect we will hear whether the Ninth Circuit en banc will accept this appeal sometime late this year.

Also being appealed is the decision by the Ninth Circuit that Judge Walker did not need to recuse himself from the trial because he hid the fact that he was in a same sex relationship.  Official information on whether the Vaughn Walker tapes ruling is also being appealed together with this appeal has not been found yet.

Last Updated: 5/14/12

TAGS: 9th circuit, marriage, prop.8