Facing Deadline, Prop. 8 Backers Seek New Review by Court

With Tuesday serving as the deadline for Prop. 8 proponents to request another appeal on the ruling that declared the voter initiative unconstitutional, proponents of California's same-sex marriage ban say they're seeking a full review by the Ninth Circuit Court of Appeals.

Prop. 8 attorney Charles Cooper tellsMetroWeekly that he is seeking en banc review for the case — Prop. 8 was declared unconstitutional in 2010 by a federal judge, and a three judge appellate panel upheld that ruling two weeks ago. Now, the group ProtectMarriage, behind the 2008 antigay initiative, are seeking more of the Ninth Circuit to review the case. A majority of the approximately 20 Ninth Circuit judges have to approve an en banc review. Because the Ninth Circuit is a large circuit, they could approve a partial en banc, which would allow 11 judges to rule on the constitutionality of Prop. 8.

The en banc request will likely keep the case out of the Supreme Court until the 2012 presidential election. It's not exactly clear how this will effect marriage equality resuming in California, but the stay on marriages will likely continue until the Ninth Circuit decides whether to review the three judge decision.