You are assuming he is on the conservative side to begin with. I think that them stating there is no legal standing to take the case would be the best outcome we could hope for... even if it means CA gets gay marriage. They can have it.
This would be a huge loss for the LGBT, their strategy all along has been to push this to the federal level and force the judicial branch to declare gay marriage a right throughout the land. If this approach fails watch for a military member( ie federal employee ) to sue up to the feds for denial of benefits in state X when they were legally married in state Y. This is not over by a long shot.
Rust - and evil - never sleeps.
“even if it means CA gets gay marriage. They can have it.”
They advance, we retreat.
CA rejected Gay marriage. They should rule on this, if the SCOTUS sanctions judicial activism - the gay marriage folks will simple do this to strike down EVERY gay marriage ban in the united states through the judiciary and the people will have no say.