By Howard Mintz
San Jose Mercurymercurynews.com

Likely developments as Tuesday's federal court decision against reconsidering California's voter-approved ban on gay marriage lines the issue up for a U.S. Supreme Court hearing.

  • Prop. 8 sponsors can ask the U.S. Supreme Court to hear the case within the next 90 days.
  • Supreme Court could consider the request at a weekly conference as soon as October. Four justices' assent required to take case.
  • If the Supreme Court hears the case, arguments could be scheduled for early next year.
  • A decision would come by the end of the next term in June 2013.Possible Outcomes
  • Supreme Court refuses to hear the case, leaving 9th Circuit ruling intact. Gay marriage would be legal in California.
  • Supreme Court takes case, and lets 9th Circuit decision stand. Result could be limited to California, or reach more broadly into whether states can outlaw same-sex marriage.
  • Supreme Court takes case, wipes 9th Circuit ruling off the books. Gay marriage would remain illegal in California unless voters overturn Proposition 8.


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