You had better hope that the Supreme Court refuses to hear this case, because it would vote 9-0 against Judge Moore. He has so contaminated this case with his own remarks and refusal to respect Federal courts which have jurisdiction over this subject that he can't possibly win.
Judge Moore wasn't interested in winning this legal battle. He was interested in becoming a martyr to the cause for other reasons.
If you want to win on this issue, you bring your test case to the Supreme Court carefully. There is nothing careful about the way Judge Moore has handled this.