It was only a matter of time before Prop 8 supporters demanded a review of the recent decision deeming the ban on gay marriage was a violation of federal civil rights of gay and lesbian Califonians. Lawyers representing a coalition of religious and legal groups asked the U.S. Ninth Circuit Court of Appeals on Tuesday to review the 2-1 decision against the ban on gay marriage, which was ruled unconstitutinal on Feb. 7, reports the Washington Post.
“That the traditional definition of marriage confers a symbolic benefit on committed opposite-sex couples does not ‘dishonor’ gays and lesbians as a class or express official ‘disapproval of them and their relationships,’ ” argued ProtectMarriage, the sponsors of the 2008 ballot measure that reinstated a marriage ban. “It is simply not true that when the government provides special recognition to one class of individuals, it demeans others.”
ProtectMarriage is requesting a so-called en banc review: reconsideration by a panel that would include Chief Judge Alex Kozinski and 10 other judges chosen randomly.
Only granted in a small percentage of cases, the review requires the support of a majority of the circuit’s roughly two dozen active judges, most of which are Democratic appointees.
Legal scholars believe the group is hoping for a second chance at the intermediate court level in lieu of trying to appeal directly to the U.S. Supreme Court. The panel is expected to pass on the review, however, if granted, en banc review could take a year or more, delaying a final ruling and, in doing so, possibly delaying marriage to thousands of same-sex couples.
Photo: techbanyan.com
