It can be difficult to read the tea leaves of which way a judge is thinking of ruling, but this would be bad news, as it would permit the anti-gay bigots to appeal the Prop 8 case even if the state of California refused to do so. LA Times:
The California Supreme Court appeared ready Tuesday to rule that the backers of Proposition 8 and other ballot measures have the right to defend them in court, a stance that would give opponents of same-sex marriage the chance to champion the initiative all the way to the U.S. Supreme Court.
During an hour of oral arguments, several justices appeared skeptical that only elected state officials may defend measures passed by voters, as gay-rights lawyers claimed.
The seven-member court will decide within 90 days whether ProtectMarriage, the sponsors of Proposition 8, have the right to represent the state in litigation. That ruling will clear the way for the U.S. 9th Circuit Court of Appeals to decide whether ProtectMarriage had standing to appeal U.S. District Judge Vaughn R. Walker's ruling against the 2008 ballot measure.
