The group defending California’s Prop 8 in court have filed a request for an en banc rehearing with the 9th Circuit Court of Appeals. Some legal experts thought that was unlikely, that they would appeal directly to the Supreme Court instead. It is rare that an en banc rehearing is granted, but no more rare than the Supreme Court agreeing to hear a case. Here’s an amusing line from the article:
The 2-1 decision found: “Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason [for Proposition 8].”
Lead counsel Charles J. Cooper, with the Cooper & Kirk law firm, said, “The idea that Californians – of all people – sought to ‘send a message that gays and lesbians are of lesser worth,’ as the two-judge decision claims, is simply absurd. Voters from all walks of life, political parties, races, and creeds supported Proposition 8.”
And we got both kinds of music here, country and western.