California Gay-Marriage Case on Path to Supreme Court

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    California Gay-Marriage Case Likely Headed to Supreme Court - WSJ.com

    SAN FRANCISCO—The Ninth Circuit U.S. Court of Appeals on Tuesday declined to rehear arguments over California's ban on gay marriage, which the court invalidated in February. The decision sends the case on a trajectory to the U.S. Supreme Court.

    The decision came after proponents of Proposition 8—the 2008 California voter initiative banning gay marriage—asked an "en banc" panel of 11 Ninth Circuit judges to review the February decision by a three-judge panel.

    To be heard en banc, a majority of the court's 25 active judges would have to vote to rehear the case. The motion failed to get a majority, the decision said.

    Three Ninth Circuit judges dissented from the ruling Tuesday, citing a remark by President Barack Obama in his recent support of gay marriage that he would like to see the discussion over gay marriage continue "in a respectful way."
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