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Prop 8 Plaintiffs Ask Ninth Circuit To Deny En Banc Review |
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Written by Instinct Staff |
Friday, 02 March 2012
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| Tags: proposition 8, ninth circuit court of appeals, plaintiffs, file, request, deny, en banc, marriage equality, california, afer, gay, same sex |
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Plaintiffs challenging Proposition 8 in Perry v. Schwarzenegger have filed a letter with the Ninth Circuit today asking the federal appellate court to deny the defense's request for an en banc appeal.
In the request filed on Friday, Prop 8 plaintiffs say the Ninth should deny defendants an en banc review because "the panel decision reflects a straightforward application of settled Supreme Court precedent and does not conflict with any decisions from this Court or any other court of appeals."
In response to the Prop 8 proponents' main argument for an en banc review (that the narrow decision by which the Ninth ruled Prop 8 unconstitutional was incorrectly applied), plaintiffs wrote:
Proponents claim that "[t]he root of the panel majority's error is its assertion that Romer turned on the timing of Colorado's Amendment 2 rather than its substance." But Romer's plain language belies Proponents' argument, demonstrating that the timing of the Colorado amendment was an important factor in understanding its substance and effect: Just like Proposition 8, Colorado Amendment 2 repealed provisions that previously advanced non-discriminatory treatment of gay men and lesbians, raising the specter that it was motivated by an improper purpose.
So, what's next?
The Ninth will hear full briefings from both parties after which all active judges in the circuit will vote whether or not to grant the proponents' request for a full hearing by the Court.
(Source: Metro Weekly)
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