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  California gay-marriage opponents launch a legal gambit
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ContributorHomegrown Democrat 
Last EditedHomegrown Democrat  Feb 22, 2012 03:15am
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AuthorMaura Dolan
News DateTuesday, February 21, 2012 10:40:00 AM UTC0:0
DescriptionIn deciding to ask a federal appeals court to reconsider the ruling against Proposition 8, backers of the ballot measure that banned same-sex marriage in California are gambling on the possibility that a more conservative panel of judges would issue a broader ruling in favor of such bans, legal scholars said Tuesday.

“They don’t have much to lose," UC Davis Law professor Vikram Amar said. “If they get a bunch of conservatives on the panel, they win.”

ProtectMarriage, sponsor of Proposition 8, the gay marriage ban overturned by the 2-1 decision, said it would ask the U.S. 9th Circuit Court of Appeals to rehear the case "en banc." An en banc panel in the 9th Circuit would consist of Chief Judge Alex Kozinski, a Republican appointee with libertarian leanings, and 10 other judges chosen randomly.
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