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Whatever happens, the ball is going to be batted again, it's just a question of which direction. Unfortunately, the misguided Prop 8 proponents are much more passionate on the issue than a lot of marriage equality supporters. Or, I should say, they get more fired up about it. While I was mightily impressed with the legal team on the marriage equality side (the defense was just horrible, go read the case if you don't believe me), and with Judge Walker's decision, I don't have a lot of confidence in the legal system, particularly the Supreme Court. I meanwhile remain hopeful.
Ninth Circuit Announces Filing Tomorrow in Prop 8 Case Likely to Be Decision on 'En Banc' Rehearing
KQED's Scott Shafer said this is almost surely the decision on whether to rehear the case en banc. An en banc panel is made up of 11 judges, chosen at random from the circuit.
If the 9th Circuit denies the request, Prop 8 supporters will almost certainly ask the United States Supreme Court to hear the case. . .
Read more at: Towleroad