TBA Law Blog

Posted by: Suzanne Craig Robertson on Jun 6, 2012

The U.S. Court of Appeals for the Ninth Circuit on Tuesday denied Prop 8 backers' request for a rehearing before a larger en banc panel of the court. The next option for supporters of the ban on same sex marriage is the high court, which they've vowed to pursue. The order denying rehearing leaves in place the court's February ruling striking down the ban on equal protection grounds. However, some observers think a  challenge on the Defense of Marriage Act would be a more likely candidate for high court review since it's a challenge to a federal statute, not a state voter initiative, and since plaintiffs in the Prop 8 case are asking for a far more sweeping ruling — one declaring marriage a fundamental right. Read more about it on Law.com