Tomorrow, Chief U.S. District Judge Vaughn Walker is to consider a motion from Prop 8 backers that would scrap plans for a January trial and put a quick end to the effort to overturn the ban.

The measure's defenders say U.S. Supreme Court precedent and the historical underpinnings of the definition of marriage negate the need for a trial.

That argument is strongly rejected by same-sex-marriage advocates who vow to present factual evidence that Prop 8 denies gay couples federal equal-protection rights.

Based on Walker's comments so far, Prop 8 backers might have an uphill fight to avert a trial, even with what some legal experts say are several strong legal arguments.