Gay-marriage opponents seek Prop. 8 review

Supporters of Proposition 8 hold signs during a demonstration outside of the 9th Circuit Court of Appeals Dec. 6, 2010, in San Francisco. / Getty Images

Updated at 3:45 p.m. ET

SAN FRANCISCO - Backers of California's same-sex marriage ban said Tuesday they will ask a federal appeals court in San Francisco to review the split decision by three of its judges that struck down the voter-approved law.

Backers elected to appeal to a bigger panel of the 9th U.S. Circuit Court of Appeals and against going directly to the U.S. Supreme Court to seek the reversal of the opinion that Proposition 8 violates the civil rights of gays and lesbians, said Andy Pugno, legal counsel for the Protect Marriage Coalition.

Lawyers for the religious and legal groups that qualified the ban for the 2008 ballot had faced a Tuesday deadline for petitioning the 9th Circuit to rehear the 2-1 ruling issued two weeks ago.

Court: Calif. gay-marriage ban unconstitutional
Will Supreme Court enter gay marriage fight?
Washington gov signs gay marriage bill into law

The move means same-sex marriages will remain on hold at least until the 9th Circuit decides to accept or reject the rehearing petition.

"Generally speaking, we think the 9th Circuit as a whole deserves the chance to basically fix this because the decision is such an outlier, it's really not representative of what the 9th Circuit's thinking on this issue has been," Pugno said.

He said they made the decision even though the 9th Circuit is considered to be liberal in its rulings.

"There is liberal and then there is insanity, and there is just no way the entire 9th Circuit would sign off on a decision like this," Pugno said.

The ban known as Proposition 8 was approved by voters in 2008 with 52 percent of the vote. The 9th Circuit panel said in its previous ruling said it was unconstitutional because it singled out a minority group for disparate treatment for no compelling reason.

The justices concluded that the law had no purpose other than to deny gay couples marriage, since California already grants them all the rights and benefits of marriage if they register as domestic partners.

The lone dissenting judge insisted that the ban could help ensure that children are raised by married, opposite-sex parents.

The appeals court focused its decision exclusively on California's ban, not the bigger debate, even though the court has jurisdiction in nine western states.

Whether same-sex couples may ever be denied the right to marry "is an important and highly controversial question," the court said. "We need not and do not answer the broader question in this case."

Six states allow gay couples to wed — Connecticut, New Hampshire, Iowa, Massachusetts, New York and Vermont — as well as the District of Columbia. California, as the nation's most populous state and home to more than 98,000 same-sex couples, would be the gay rights movement's biggest prize of them all.

[MickPatriot]

Outlaw religion! Then all the hate in the world goes away. Hmmmm How anti-Christ of religion to hate and persecute. But then the whole Christian religion is based on lies.
The first and Biggest is the the very first Christians killed Christ for greed! They then went about proving their martyr was the son of God. 455 AD they changed the name from the Church of Rome to the Roman Catholic Church and have been hating, persecuting and violating Jesus Christ's teaching ever since.

[MickPatriot]

Stop the court from enforcing separation of church and state since the CHURCH loves to persecute. they wish to force their stupidity on others. An ARK, really? God knew about African verses Indian elephants but the small minded flat lander with no clue that actually wrote the lie in the Bible did not? So again who wrote the book of lies er eh the Bible? A small minded and very predjudiced man who thought the world was flat or God who knew of Galagopos Islands rich animal life? So man wrote the Bible to justify sexual discrimination, religious persecution and slavery of others and you say God creator of all including Gays wrote it? Who you calling stupid? LOL God created all and loves all his children so I want to know how persecution and hatred of others fit into this?
Second if you watch animals for any time you quickly learn male animals will mount anything they can catch male or female. Now that sounds like the religious leaders I know. Including little boys. Gay is wrong but sodomizing little boys is OK, and you still think the pope is special God is not going to save the persecuters and I promise you more Gays in heavan than Christians!

[rightontarget]

It's all about superiority. The "better than" mind set. Sure, some people say it's ok to give gays the same "legal" rights but just don't call it "marriage" because they want "real" married people to be considered "better" than those in a gay relationship. GET OVER IT! Just because a couple has a legal "marriage license" it does NOT mean that the "marriage" has to be recognized by any particular church. Your religious beliefs are your right but you do NOT have the right to impose those beliefs upon others! You also do NOT have the right to determine what you want to be "socially acceptable". What are you afraid of? That your kids might turn out "gay"? That they might make gay friends or find out that most gay people are NOT the perverts and deviants society would like to make them out to be? There are perverts and deviants that are heterosexual as well as homosexual. I am NOT gay but I have known several gay couples, professional people, educated and who have been in a LONG TERM, committed relationship for many years. In my experience most of them are more loyal and faithful to their "partner" than many who are in heterosexual relationships. So where is the loss of "morality" in that? I have the perfect solution. If you don't believe in gay marriage: Don't marry a gay person! Problem solved!

[Freepress1111]

News flash for the anti-gay crowd. God is not on your side, and certainly doesn't need your protection. If you cause others pain and suffering in the name of the Lord, you will be the ones who face the greatest judgement.

[blindddhorse]

And God has no pain watching 2 men or women having sex? Even animals know that is wrong.

[honestabe8]

blindddhorse: you have authority to speak for god? and how do you figure that even animals know it is wrong?

[magnumdr]

What a slap in the face to the holy vows of Marrige between a Man and a Woman!. This is the most redicioulious thing that I have ever heard in my life. Sombody please tell me why a Man and a Man have to be "Married, and the same for two Women. Have we no morrals here anymore. Maybe a shot of testosterone might help a gay Man feel right again. This offends any couple, Man and Woman, that are Married! Marrige is for a Man and a Woman. All others can call it a partnership!

[honestabe8]

So, magnum, how is it a slap in the face to "the holy vows of Marriage"?. You would seem to be less a fool if your spelling and grammar were not so bad. What has this got to do with "morrals"?

[M0d3r4te]

No what is a slap in the face of marriage is the 50% divorce rate.

You holoer then thou bible thumpers need to stop being sheeple and learn to do what is right for all and learn to understand that the bible was written by men with an agenda and that is to control you.

[ammo17]

as we have seen in california and the way the the 9 black robes in d.c., will overturn any legislation that is against gay marriage.so why waste time and money.it amazes me that all politicians and the 9 black robes can interpret the U.S. CONSTITUTION,it must be because it is WRITTEN AND SPOKEN IN ENGLISH ONLY.yet the most powerful and greatest country in the world DOES NOT HAVE A NATIONAL LANGUAGE.why,why is that????

[kansas1946]

No shortage of bigots, even in California. These people do nothing but live in fear. They fear other faiths, other anything, and want the government to keep protecting them from the big, bad, "others." They are pathetic.

[DebbieCorona]

I want these religious zealots out of my sex life and the live of others. I am a Christian woman who has been happily married to the man of my dreams for almost 40 years. Christ calls us to love and these religious fanatics are not walking in Christ or in Love of the Spirit but of self induced dogma. When you place politics above Christ you are serving Satan not Christ.

[Former_Marine_Sgt]

Whomever wrote this article forgot to include Washington State as one that allows gay marriage (law just signed a week ago). IT goes into effect 90 days after it was signed.

These anti-gay 'crusaders' need to answer me one question:

When does the Constitution support 'seperate but equal' or Seperate AND unequal'?

Banning gay marriage defines a seperate but equal or seperate and unequal response in the law to the issue of gay marriage.

NOT ONCE IN MODERN HISTORY HAS THE SUPREME COURT ALLOWED SEPERATE BUT EQUAL TO STAND.