The Ninth Circuit Court of Appeals on
Tuesday most likely will announce whether it will rehear Perry v.
Brown en banc.
The court announced on Monday that it
will file a notice on Tuesday in the case challenging the
constitutionality of California's gay marriage ban, Proposition 8.
A 3-judge panel in February upheld a
lower court's ruling which found 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.
The sponsors of the ban asked the court
to review the ruling. If approved, the current decision would be
thrown out and a new panel consisting of 10 randomly selected judges
and Chief Judge Kozinski would rehear the case. If denied, the
current decision would stand and supporters are almost certain to
appeal the decision to the Supreme Court.
Analysts have noted that the odds of an
en banc hearing are slim. Fewer than 20 out of nearly 8,000 requests
are granted per year.
Such a denial, however, could
strengthen sponsors' Supreme Court appeal if it includes a forceful