Yesterday, the California Supreme Court heard oral arguments in a case to determine whether Prop 8 should be invalidated. There are two good assessments online - both think we're in trouble.
Law Dork 2.0
After listening to the arguments in the cases challenging Proposition 8 as an invalid enactment of the people — for one reason or another — it appears that there will not be a majority of the Court willing to strike down Proposition 8. Both Chief Justice George and Justice Kennard — in the majority holding last year that there was a constitutional right for same-sex couples to marry — expressed great concerns about invalidating the will of the people on this matter.Rex Wockner
Disaster. They constantly interrupted the gay side with aggressive questions, but let Ken Starr go on and on and on. They were obsessed with the fact that the domestic-partnership law gives the same rights as marriage, and they completely ignored the fact that they so eloquently argued that separate isn't equal in their previous ruling. They seemed enamored of the notion that the people can do almost whatever they want via the ballot-box amendment process -- including repealing freedom of speech, banning gay adoption, pretty much any damned thing they choose. We're not winning this one. It could even be unanimous. That leaves the gay side with two options: Return to the California ballot with a pro-active initiative to attempt to undo Prop 8. Or take it to the U.S. Supreme Court, using the U.S. Supreme Court's pro-gay ruling in the Colorado Amendment 2 case as a spot-on precedent. Both options are...fraught.
Main & gay blog