As some predicted, Proposition 8 backers are saying they will ask a larger group of judges from the liberal-leaning Ninth U.S. Circuit Court of Appeals to review a three-judge panel's decision to strike down California's ban on same-sex marriage, rather than appealing the ruling directly to the U.S. Supreme Court.
Lawyers representing proponents of Prop. 8, the state's ban on gay marriage, had until Tuesday to petition the Ninth Circuit to rehear the 2-1 ruling which concluded Prop. 8 was unconstitutional. As we reported yesterday, some now believe the Supreme Court might decline to hear the case — a possible victory for gay-rights advocates, since the right-leaning court could deliver a broad defeat for advocates of same-sex marriage.
One might think this would encourage gay marriage foes to take their case to the supremes, but here's how Andy Pugno, legal counsel for the Protect Marriage Coalition, explained their decision: