SAN FRANCISCO — Instead of heading straight to the U.S. Supreme Court, backers of the Proposition 8 ban on gay marriage sought rehearing by an en banc panel of the Ninth Circuit U.S. Court of Appeals.
Proponents had a Tuesday deadline to seek rehearing at the Ninth Circuit, which ruled 2-1 against them earlier this month, finding the ban unconstitutional on equal protection grounds. In the proponents’ newest filing, they argue that the court’s holding in Perry v. Brown conflicts with the Supreme Court’s Baker v. Nelson, which let Minnesota deny same-sex couples the right to marry, and other cases.
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