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Does the marriage equality ruling change the Supreme Court’s calculus on Prop 8? By Combs Shafer, a reporter for the Bay Area’s NPR affiliate KQED, wrote on KQED’s newsfix blog yesterday that the recent district court ruling in Sevcik v. Sandoval, the marriage equality case, could complicate the Supreme Court’s decision on whether or not to hear an appeal of the Prop 8 case. In Sevcik, Judge Jones ruled that it was not an equal protection violation for to offer same-sex couples only domestic partnerships and not marriages, which Shafer contrasts with district court Judge Walker’s decision in the Prop 8 case, in which Judge held that Prop 8 not only created an equal protection violation, it also infringed upon the fundamental due process right of California’s same-sex couples to equal marriage rights. When the Ninth Circuit heard the Prop 8 case, the circuit court narrowed the legal questions presented by the appeal, declining to address the due process claim and instead focusing on whether it was unconstitutional for California to rescind marriage rights from same-sex couples by popular vote after those rights had been extended. An appeals of that decision is now before the Supreme Court–which just last week was scheduled to consider taking up the case but declined to make any announcement to that effect–but the Sevcik decision now puts Nevada’s marriage equality laws in the Ninth Circuit’s lap, with a formal appeal filed just yesterday.) In his blog post, Shafer writes: “Unless the. Supreme Court acts first, a new panel of 9th Circuit judges would consider the appeal to that ruling in the Sevcik case . One well-placed legal observer told me that makes the Prop. 8 case something of a moving target for the Supreme Court. “Could it increase the likelihood that the Supreme Court send the Prop. 8 case back to the 9th Circuit and ask them to address the fundamental questions addressed by Judge, but skirted by 9th Circuit Judge Reinhardt in his Prop. 8 decision?” FULL STORY: