Gay marriage appeal meets deadline

SAN FRANCISCO – The backers of California’s same-sex marriage ban petitioned a federal appeals court Tuesday to review a split decision by three of its judges that struck down Proposition 8, opting for now to avoid taking their chances before the U.S. Supreme Court.

Lawyers for the religious and legal groups behind the ban beat a midnight deadline to ask the 9th U.S. Circuit Court of Appeals to rehear the 2-1 decision that declared Prop. 8 to be a violation of the civil rights of gay and lesbian Californians.

If they had not sought reconsideration, the three judges could have ordered the ruling to take effect in another seven days, clearing the way for same-sex marriages to resume in the state.

Instead, same-sex marriages will remain on hold at least until the 9th Circuit decides to accept or reject the rehearing petition. The court does not face a deadline for doing so.

If a majority of the 9th Circuit’s 25 actively serving judges agree to reconsider the case, it would be assigned to a panel that includes the chief judge and 10 randomly selected judges.