The homosexual activists are going to keep filing multiple suits, much like the left is doing against Sarah Palin. Perhaps the solution is to countersue each time.
This has been my position for a long time. Whenever a leftist sues in court and loses, the right hasn't gained any ground. Indeed, the stage is set for an appeal with a new set of oligarchs. Perhaps one out of three times the left has a chance at winning, but if they don't, they at least learn the locations of the chinks in the armor.
The only way conservatism will win is to be aggressive - something that conservatism inherently isn't. It rests on establish principles. Unless conservatives work to REVERSE previous leftist victories - revoke domestic partnerships/civil unions, re-criminalize sodomy by reversing horrendous decisions like Lawrence - they won't win in the long haul.
One of the primary ways conservative can be aggressive is to work hard to pass a federal marriage amendment. We had the chance several years ago and threw it away for faulty reasoning with an over-abundance of RINO's and valueless centrists. It is almost certainly now too late. The RINO's and libertarians among us always said that we could pass an FMA when it became absolutely necessary, as a last resort, when the horse is already out of the barn. LOL!