Proponents of Proposition 8,
California's gay marriage ban, are not headed to the United States
Supreme Court just yet.
According to gay weekly Metro
Weekly, supporters will ask the full U.S. Court of Appeals
for the Ninth Circuit to review the court's ruling that upheld a
lower court's ruling declaring the 2008 voter-approved amendment
unconstitutional.
Tuesday is the last day for supporters
to file an en banc review, which would broaden the number of
judges considering the case from 3 to 11.
Earlier this month, a Ninth Circuit
panel ruled 2-1 against the ban. Writing for the 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
marry.
The move greatly reduces the likelihood
that the case will reach the Supreme Court before the November
general election.
Analysts
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.