Today opponents of marriage equality were granted standing, which means the 9th circuit can now rule on the appeal. Ari Ezra Waldman analyzes the decision:
We now have the opportunity to take a solid case for the unconstitutionality of a same-sex marriage ban to a friendly panel on the Ninth Circuit. And, that opportunity should come quickly. The Ninth Circuit had this case fully briefed over a year ago and, therefore, should be able to issue its decision on standing and merits relatively quickly. The next steps — depending on which side emerges victories — could see AFER's team of Ted Olson and David Boies before the en banc Ninth Circuit or at the Supreme Court, arguing for marriage equality on the stage of One First Street.
Gabriel Arana has more on what could come next:
Once the Ninth Circuit makes its determination on whether the original decision striking down the law was right, the case will surely be appealed to the Supreme Court, which can either take it or not. Whether it does or doesn't is highly contingent on what the left-leaning Ninth Circuit decides: If it finds that Prop. 8 is in fact constitutional, reversing the lower-court ruling, the Supreme Court could decline to take the case, allowing the Ninth's Circuit decision to stand. However, if the Ninth Circuit agrees with the lower court, the Supreme Court will in all likelihood take the case; the ruling would create a conflict in the application of laws across the country—in California, gay people would have a constitutional right to marry while in Arkansas, they wouldn't. The Supreme Court's primary function is to resolve conflicts like these.
The Dish 