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The Wright Perspective℠

Social Commentary from the C-Suite to Main Street℠

A Blog by Gary Wright II

California Prop 8 rehearing en banc is DENIED!

Tuesday, June 5th, 2012

Today the 9th Circuit Federal Court of Appeals denied the petition for an en banc rehearing on the California Proposition 8 ban on gay marriage. An en banc rehearing means the case would have been reviewed by the full court of 11 judges.

Filed Order for PUBLICATION (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) (Dissent by Judge O'Scannlain, Concurrence by Judge Reinhardt) A majority of the panel has voted to deny the petition for rehearing en banc. Judge N.R. Smith would grant the petition. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. The mandate is stayed for ninety days pending the filing of a petition for writ of certiorari in the Supreme Court. If such a petition is filed, the stay shall continue until final disposition by the Supreme Court. [8202067] [10-16696, 11-16577] (RP)

A petition for writ of certiorari is when the Supreme Court is asked to review a lower court ruling for any legal errors.

Since day one, I've said this case is headed to the United States Supreme Court and now we'll have to patiently wait for their final decision.

Best regards,

-- Gary Wright II

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