Opponents of Proposition 8,
California's gay marriage ban, have asked a federal court to deny a
request by supporters for a rehearing on its ruling that found the
amendment to be unconstitutional, the San
Francisco Chronicle reported.
Last month, a 3-judge panel of the
Ninth Circuit Court of Appeals upheld a lower court's ruling
declaring that the 2008 voter-approved amendment violated the
constitutional rights of gay and lesbian couples who wish to marry.
Writing for the 2-judge majority, Judge Stephen Reinhardt said that
there was no
legitimate reason for the ban. However, the court did not rule
on the broader question of whether gay couples have the right to
The sponsors of Prop 8 asked the court
to review the ruling, which would broaden the number of judges
considering the case from 3 to 11. Their lawyers argued that the
ruling neglected to take into account California's domestic partner
law, which gives gay couples all the protections of marriage.
“Californians' solicitude for both traditional marriage and the
rights of committed same-sex couples,” was shown in Prop 8,
believe supporters are attempting to broaden the court's ruling to
say that gay couples have a Constitutional right to marry before
going to the Supreme Court. The high court is more likely to hear
such a case and gay marriage advocates would also have more to lose.