perhaps
SCOCA had a shot at this already
not sure SCOCA would rule on fed constituion
this could happen fast ... get before another federal judge
it may work to our advantage, to punt this because if this current SCOTUS heard the case, sounds like KENNEDY would rule constitutional amendments are uncontitutional cuz they deprive gays of their political rights by singling them out.
perhaps Roberts didn’t want this decided now and teamed with Scalia to punt it to keep Kennedy’s hands off of it!
CA state courts could rule that the amendment violates the U.S. constitution because of any of the reasons that courts have used, or using Kennedy’s stupid new standard, or merely by saying that a federal court has declared it unconstititional. And once a CA appellate court has so ruled, Section 3.5 of the CA Constitution no longer would block administrative agencies from declaring Prop 8 unenforceable (not that I’m holding my breath on CA agencies following Section 3.5.
As for SCOTUS punting on ruling on laws that limiting marriage to one man and one woman, it certainly is doing that: it denied review today to a couple of cases dealing with state marriage laws: http://www.scotusblog.com/2013/06/voting-marriage-rulings-impact-spreads/#more-166332