Same-sex couples who wish to marry in California will have to wait a while longer for their constitutional rights following a reconsideration filed by Prop 8 backers Tuesday. Supporters of the anti-equality measure have slowed its path to the U.S. Supreme Court by asking a federal appeals court to reconsider its Feb. 7 ruling in favor of same-sex marriage.
The move comes in part of a greater strategy to overturn the ruling before it moves on to a higher court thereby delaying its progress into 2013 – well-beyond the presidential election. Court papers filed Tuesday asks the 9th U.S. Circuit Court of Appeals to rehear arguments for Proposition 8 alongside a larger panel of 11 judges as opposed to its original 3-judge panel who ruled the measure unconstitutional earlier this month.
“Generally speaking, we think the 9th Circuit as a whole deserves the chance to basically fix this because the decision is such an outlier, it’s really not representative of what the 9th Circuit’s thinking on this issue has been,” said Andy Pugno, legal counsel for the Protect Marriage Coalition, according to the Mercury Register.
The move is not considered a roadblock for LGBT activists and allies. The possibility for gay and lesbian marriage in California is a deferred but necessary task for its supporters.
“We are ready to defend our victory whatever path this case takes,” said Theodore Boutrous, an attorney for Prop. 8’s challengers.
“Because our plaintiffs have the right to get married, which both the District Court and the Ninth Circuit vindicated, we oppose en banc review and will seek to bring that fundamental right to reality at the earliest possible time.”
The court has not announced if the case would be reheard. In California, the Circuit’s 25 full-time judges must vote in majority to approve the request.
