This could be an interesting case. A few years back Proposition 8 in California banned gay marriage and it was challenged in court with the lower court finding it unconstitutional. Although it was the state that lost, they refused to appeal. When the organization that initiated the Proposition tried to carry forth the appeal, they were denied on the grounds that they had no standing as the state was the loosing party and appeal was their decision alone. While it was a state case, the federal courts refused to overturn it.
It would be fun to watch the liberals ploy used against them in this case.
Bump!