Court Won't Rehear Prop. 8 Case

The Ninth Circuit Court of Appeals ruled today that it won't rehear a case in which Proposition 8 had been ruled unconstitutional, setting up a possible fight before the U.S. Supreme Court.

After a three-judge panel in February agreed with Judge Vaughn Walker's 2010 decision in Perry v. Brown that Proposition 8 violated the U.S. Constitution's equal protection clause and the due process clause, proponents of the law sought an "en banc review." Such a review would have required judicial evaluation by the full Ninth Circuit Court of Appeals and could have included 11 appellate judges, but a majority of justices voted to deny the rehearing.

Now Prop. 8 backers have 90 days to decide whether to appeal to the U.S. Supreme Court, setting the stage for a national case on marriage equality. If they don't decide to appeal, then same-sex couples would again begin marrying.