The high-profile battle over California’s Proposition 8 has been touted as the case that could force the Supreme Court to face the issue of same-sex marriage. But now that Judge Vaughn Walker has decided that Prop 8, which banned same-sex marriage in California, is unconstitutional, the possibility is real that the case might never make it on appeal all the way to the Supreme Court.

That’s because the advocates of Prop 8, who are launching the appeal, may not have the necessary standing to carry it forward. The case is titled Perry v. Schwarzenegger, with Gov. Arnold Schwarzenegger and other officials in the position of defending the ballot initiative. But those officials, who are sympathetic toward gay marriage to varying degrees, are not inclined to appeal Walker’s ruling.

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