Ninth Circuit Denies Rehearing En Banc in California Same-Sex Marriage Case — Next Stop, the Supreme Court

At least four judges — possibly more, but we don’t know — voted to rehear the case, and three (Judges O’Scannlain, Bybee, and Bea) noted their reasons; Judge N.R. Smith, who dissented from the panel opinion, noted his vote but didn’t join Judge O’Scannlain’s dissent from the denial of rehearing.

I strongly suspect that the Supreme Court will now agree to hear the case. Though, for reasons I describe in an earlier post, the decision only applies to states, like California, that recognized civil unions but not same-sex marriages, it’s still a conclusion of national importance, one on which the Supreme Court is likely want to speak.