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Prop 8's Next Stop Won't Be U.S. Supreme Court

Earlier this month, Prop 8 supporters lost their appeal of a lower court ruling that California’s same-sex marriage ban violates the civil rights of gays and lesbians. Supporters of the measure had the option to appeal directly to the U.S. Supreme Court for review, but chose instead to ask for a larger number of 9th circuit judges to review it.

The group “Protect Marriage” put Prop 8 on the ballot four years ago. Lead attorney Andy Pugno told the Associated Press, the 2-1 ruling on the appeal doesn’t reflect the thinking of the majority of the 9th Circuit judges. Pugno said, “There is liberal and then there is insanity.”

A majority of the 9th Circuit’s active judges must agree to reconsider the appeal. If they do, the court randomly assigns 11 judges to a panel to review it. There’s no set time-table for the judges to make a decision about rehearing the appeal.