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Ninth Circuit refuses to rehear prop.8 case


Posted: 6/5/12

The Ninth Circuit refused today (6/5/12) to rehear the prop.8 case.  The defendants have 90 days to appeal to the U.S. Supreme Court.  ref, pdf

It appears that the decision was not without internal conflict.  Three (Judge O’Scannlain,
joined by Judges Bybee and Bea ref) of the 26 actively serving judges dissented:

Today our court has silenced any such respectful conversation. Based on a two–judge majority's gross misapplication of Romer v. Evans, 517 U.S. 620 (1996), we have now declared that animus must have been the only conceivable motivation for a sovereign State to have remained committed to a definition of marriage that has existed for millennia, Perry v. Brown, 671 F.3d 1052, 1082

Judges Reinhardt and Hawkins, who affirmed California's Northern District ruling by Judge Vaughn Walker, concurred with the decision to not rehear the case en banc.  

We are puzzled by our dissenting colleagues' unusual reliance on the President's views regarding the Constitution, especially as the President did not discuss the narrow issue that we decided in our opinion. We held only that under the particular circumstances relating to California's Proposition 8, that measure was invalid. In line with the rules governing judicial resolution of constitutional issues, we did not resolve the fundamental question that both sides asked us to: whether the Constitution prohibits the states from banning same–sex marriage. That question may be decided in the near future, but if so, it should be in some other case, at some other time.

When there is a long delay in a decision regarding an appeal it becomes increasingly likely the appeal will be denied.

The pdf is a very short read.

Last Updated: 1/23/13

TAGS: 9th circuit, california, marriage, pdf, prop.8
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