I have posted the order here. Judge O’Scannlain, joined by Judges Bybee and Bea, dissenting from denial of rehearing en banc, in a decision beginning: “A few weeks ago, subsequent to oral argument in this case, the President of the United States ignited a media firestorm by announcing that he supports same sex marriage as a policy matter. Drawing less attention, however, were his comments that the Constitution left this matter to the States and that “one of the things that [he]’d like to see is–that [the] conversation continue in a respectful way.”
What happens next? A petition for cert. from Prop. 8 supporters will go to the Supreme Court. There is a stay in effect now for 90 days but gets extended automatically if a cert petition is filed. The Court is likely, but not certain, to hear the case, setting the stage for a hearing some time next term, likely after the election.
[This post has been updated and corrected.]