The latest in the saga of Prop8 will come this morning, with the release of the 9th circuit court of appeal decision on three issues:
1) Do the supporters of Prop8 have the right to stand in place of the state to defend this nasty bit of bigotry?
2) Should the judge have recused himself simply because he's gay? (I call this argument the "only straight white Christian men are objective" model of the judiciary. After all, by this logic, women cannot hear cases on abortion.)
3) Is Prop8 unconstitutional? If the three judges here uphold Judge Walker's findings that found no rational basis for Prop8 except bias, the next stop is likely an en banc hearing by at least 10 of the judges from the 9th circuit. Inotherwords, nothing will change here on the ground.
More on the legal background from Chris Geidner.
Update: here's the updated version including today's events.