Tuesday, June 05, 2012
Ninth Circuit denies en banc hearing, Proposition 8 probably headed for Supreme Court
Media reports that the Ninth Circuit has denied a motion for an en banc hearing on Proposition 8, and a three-judge ruling that it is unconstitutional will take effect in 90 days unless an appeal is filed with the Supreme Court, which will almost certainly happen.
A pdf of the order denying rehearing is here.
MSNBC has a breaking story by Miranda Leitsinger and James Eng (website url) here.
As with DOMA, appeals courts on anti-gay-marriage amendments have focused on equal protection rather than a “fundamental rights” due process argument founded in individualism. Some have compared the 9th Circuit's handling to that of Romer v. Evans in the 1990s.