Excerpted from “Appeals court turns to state on key Prop. 8 issue” By Bob Egelko, Chronicle Staff Writer, The San Francisco Chronicle, Tuesday, January 4, 2011
The federal appeals court reviewing California's ban on same-sex marriage asked the state Supreme Court today to answer a legal question that may determine the outcome of the case - whether a ballot measure's sponsors can defend it in court when state officials refuse to do so.

However, the Ninth U.S. Circuit Court of Appeals in San Francisco also made it clear how it believes the question should be answered - saying California would be "ill-served" if the sponsors of the 2008 initiative that banned same-sex marriage were barred from making their case. …
If the Protect Marriage group has standing in the case, it will allow the federal review to proceed; otherwise the work of Former U.S. Solicitor General Theodore B. Olson and David Boies will be for not; a disappointing outcome despite having re-established California marriage equality.