Back in February, a three-judge panel of the California 9th Circuit Court of Appeals ruled Proposition 8 – the state ban on same-sex marriage – unconstitutional.
On Tuesday, the California 9th Circuit Court of Appeals declined to revisit its original ruling on Proposition 8 en banc, which makes the U.S. Supreme Court the next place for the appeal. Alliance Defense Fund lawyer Brian Raum told The Associated Press Tuesday that ADF and other sponsors of the gay marriage ban plan to ask the U.S. Supreme Court to review the landmark appellate court ruling. There are also a variety of challenges to the ban on same sex marriage and the federal Defense of Marriage Act (DOMA) that have been winding their way through the court system, heading towards the U.S. Supreme Court.
What’s the strategy involved in choosing which case should arrive first?
Eugene Volokh, constitutional law professor, UCLA School of Law
Julie Small, KPCC’s State Capitol reporter
Rick Jacobs, founder, director, Courage Campaign
Jim Campbell, attorney, Alliance Defense Fund