The case, Perry v. Schwarzenegger, has some interesting quirks I hadn't been aware of:
- It's the second challenge; the first was filed wrong and thrown out.
- While the defendants named in the case represent the state of California, Schwarzenegger and the state AG (Jerry Brown! of all people) have declined to defend the case. The judge allowed Prop 8 proponents to step in and defend the case instead, and it's they who are going to be continuing the appeal.
Still to be argued is whether this will allow people to get married again while the bad guys continue to appeal.