As noted this morning, one possiblity was that the 9th Circuit would tell the Christianist defenders of Proposition 8 to basically go pound sand. And that's what happened. Here's what was released on the Court's website:
Filed Order for PUBLICATION (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) (Dissent by Judge O'Scannlain, Concurrence by Judge Reinhardt) A majority of the panel has voted to deny the petition for rehearing en banc. Judge N.R. Smith would grant the petition. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. The mandate is stayed for ninety days pending the filing of a petition for writ of certiorari in the Supreme Court. If such a petition is filed, the stay shall continue until final disposition by the Supreme Court. [8202067] [10-16696, 11-16577] (RP)
The bad news is that new same sex marriages are barred in California pending an appeal to the U.S. Supreme Court and, if an appeal is filed, through the time that the Supreme Court renders a ruling. It's a pretty safe bet the Christofascists will appeal and spend tons of money that might be better spent following the Gospel message: feeding the hungry, clothing the naked and providing housing for the homeless. Things that would be important if the gay-haters were truly followers of Christ.
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