The Federal suit to overturn Proposition 8 involved the Governor and Attorney General as the public officials who have to defend constitutionality of Prop 8. The Federal court ruled that the proposition was unconstitutional. The incumbent Governor (Schwarzenegger) and Attorney General (Jerry Brown) both told the court that they agree that Prop 8 is wrong and that they do not want to appeal. The Prop 8 forces are scrambling to find a way to have standing to defend the proposition, but it's likely that they will fail and marriage will again be allowed for all loving couples.
Here comes the election. Republicans running for Governor and Attorney General (Meg Whitman and Steve Cooley, respectively) SUPPORT Prop 8. If they are elected, they will have standing to defend Prop 8 in Federal Court. And, they will.
The Democrats running for Governor and Attorney General (Jerry Brown and Kamala Harris, respectively) oppose Prop 8. They will continue to refuse to defend it in court. Without officials who believe in Prop 8 defending it, the Federal courts are most likely to allow the trial court's invalidation of Prop 8 to stand.
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