I too hope they are right, Idaho. But as the CA appellate lawyer who is staying with me this weekend says, "The supremes can justify anything. In the end, the decision will be political."
And it will take tremendous political courage to strike down a popular vote, however narrow. The justices have already been threatened with recall by proponents of Prop 8.
So will they really have the guts to say "majority rule" doesn't rule when it disrespects fundamental human rights? We'll see.
A lot of people are predicting a split decision upholding Prop 8 but ruling that those of us who married legally last year remain married. That will create the sort of mess judges hate and, in effect, create yet a new class of 36,000 people who are gay-married even while gay marriage is banned.
What a mess!