Take Two for February 22, 2013

Prop 8 challengers gear up as issue heads back to Supreme Court

California Appeals Court Declines To Rehear Gay Marriage Ban Arguments

Justin Sullivan/Getty Images

Bob Sodervick waves a gay pride flag outside of the Ninth U.S. Circuit Court of Appeals on June 5, 2012 in San Francisco, California. A federal appeals court announced that it will not rehear arguments on the California's controversial Prop 8 same-sex ban paving the way for the case to go to the U.S. Supreme Court. In February, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the same-sex marriage ban discriminated against gays and lesbians.

President Obama has until the end of next week to weigh in on Prop 8, which goes before the Supreme Court next month. Gay rights groups want the administration to file a "friend of the court" brief urging the justices to declare California's gay marriage ban unconstitutional.

Douglas Nejaime, a professor at Loyola Law School, joins the show. 


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