9th Circuit to Release Opinion Today on Request for Enbanc Hearing

Despite going down in flames so far on almost every front, the Christianists - perhaps Christian Taliban is a more fitting label - supporting California's Proposition 8 have continued to do all they can to delay the likely demise of Proposition 8 as an unconstitutional law.  There latest effort has been to request a so-called hearing enbanc by the U.S. Circuit Court of Appeals for the 9th Circuit affirmed the district court ruling striking down the anti-gay measure passed thanks to the efforts of NOM, the Mormon Church and the Catholic Church hierarchy.  Today the 9th Circuit will release an opinion either denying the Christianists request and affirming the district court or allowing for an enbanc hearing.  Prop 8 Trial Tracker looks at what may happen in today's ruling.  Here are highlights:

Here’s where things stand right now: the Ninth Circuit, in a decision by a three-judge panel has affirmed Judge Walker’s decision striking down Proposition 8 as unconstitutional, albeit on narrower grounds than he did. Then, the proponents of Proposition 8 asked the Ninth Circuit for an en banc rehearing, to vacate their decision and put the case before a larger panel of judges on the Ninth Circuit. We have been waiting for the judges to decide whether they will grant the en banc rehearing and start the whole process over, or let the three-judge panel’s decision written by Judge Reinhardt stand.

Tomorrow, we will likely find out what the judges decided regarding the en banc hearing. If they voted to rehear the case, the current narrowly-written decision by Judge Reinhardt goes away and a new panel will convene, featuring a random selection of ten judges with the addition of Chief Judge Kozinski overseeing the proceedings. There would be new briefings and oral arguments in the case at that point, so the process would be long and drawn out.

After new briefing and new argument and new deliberations over the decision, they would issue a new and final decision in the case that could then result in a petition for certiorari (or ‘review’) at the Supreme Court. Depending on what the final decision ruled, it’s unclear whether the Supreme Court would take up the case or not.

Alternatively, tomorrow the Ninth Circuit could issue an order saying that en banc rehearing was denied. If that happens, Judge Reinhardt’s narrow opinion stands, and the proponents of Proposition 8 can then petition for certiorari at the Supreme Court. If the Supreme Court were to deny review, the Ninth Circuit’s decision would stand, and Proposition 8 would be struck down. Gay and lesbian couples would be allowed to marry in California. If the Supreme Court grants review, there will be briefing and oral argument and a decision next year.

While a more broadly worded ruling striking down Prop 8 would be nice, I'll settle for a narrow affirming of the district court order.   A resumption of same sex marriages would go a long way to disprove the lies and predictions of the sky falling that were prevalent in the district court trial where in the final analysis the Christofascists had nothing to support their case other than religious belief - something that has no place in the civil laws.