The U.S. Court of Appeals for the Ninth Circuit today decided not to re-hear the case for Proposition 8, California’s ban on marriage equality. A three-judge panel previously found the amendment unconstitutional, but lawyers asked for a trial by a larger 11 judges panel. Since those judges have now decided not to hear the case, its next logical step is the Supreme Court.
It’s worth noting that only 4 of the Ninth Circuit’s 27 active judges indicated that they wanted this case to be reheard. Three of those judges, Diarmuid O’Scannlain, Jay Bybee and Carlos Bea joined a dissent from the denial of rehearing which cited President Obama to claim that marriage discrimination should remain the law in California:
A few weeks ago, subsequent to oral argument in this case, the President of the United States ignited a media firestorm by announcing that he supports same sex marriage as a policy matter. Drawing less attention, however, were his comments that the Constitution left this matter to the States and that “one of the things that [he]’d like to see is–that [the] conversation continue in a respectful way.”