The Ninth Circuit issued a brief order today on the challenge to Prop. 8 that is being litigated in the case of Perry v. Brown. The court denied a petition for rehearing en banc, leaving in place the Ninth Circuit three-Judge Panel’s ruling from February that found Prop 8 to be unconstitutional under the Equal Protection Clause of the Federal Constitution. Upon a vote of the non-recused active judges of the Ninth Circuit, the matter failed to receive a majority of votes in favor of rehearing.
The order from the Ninth Circuit is stayed pending the filing of a petition for writ of certiorari in the United States Supreme Court, and if the writ is granted, the stay will continue until the Supreme Court’s final decision. The Appellants have 90 days from today to file a writ. If the Supreme Court declines to take the case, then the Panel’s February decision will stand, and Prop 8 will be unenforceable.
You can read the full decision here.