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Review of Gay Marriage Case Denied

The U.S. 9th Circuit Court of Appeals ruled today that it will not revisit the Proposition 8 ban on same-sex marriage, clearing the way for the case to be heard by the U.S. Supreme Court.

The decision against reconsidering the February decision in which a three-judge appellate panel found the amendment to be unconstitutional begins a 90-day period in which proponents of the ban can appeal the case to the Supreme Court.

“A majority of the panel has voted to deny the petition for rehearing en banc” the court wrote, referring to the full 11-judge panel that was asked to reconsider the ruling.

The initial circuit panel that heard the California case ruled 2 to 1 against the voter-approved marriage ban, deciding it did little more than “lessen the status and human dignity of gays and lesbians.”

The American Foundation for Equal Rights, sponsor of Perry v. Brown, the
federal constitutional challenge to Prop. 8, lauded today’s decision.

“Today’s order is yet another federal court victory for loving, committed gay and lesbian couples in California and around the nation,” said AFER co-founder Chad Griffin. “The final chapter of the Prop. 8 case has now begun. Should the U.S. Supreme Court decide to review the Ninth Circuit’s decision in our case, I am confident that the justices will stand on the side of fairness and equality.”