The lead attorney for the proponents of Proposition 8 said that the initiative’s backers plan to ask the full U.S. Court of Appeals for the Ninth Circuit to review a Feb. 7 ruling that declared Prop 8 unconstitutional, according to Metro Weekly.
Feb. 21 is the deadline for the filing. If the proponents file, the development would practically guarantee that the U.S. Supreme Court will not consider the case before this year’s presidential election in November.
A three-judge panel made the Feb. 7 decision. Windy City Times reported that, in a 2-1 decision in Perry v. Brown, the Ninth Circuit U.S. Court of Appeals panel noted that the right at issue in this landmark case concerning the ability of voters to withdraw the right to marry from same-sex couples in California was essentially the same as the ability of voters in Colorado, in 1996, to withdraw from LGBT people the protection of laws prohibiting discrimination.