The attorneys for Protectmarriage.com, the group behind the Prop 8 campaign, have already notified the 9th Circuit Court of Appeals they intend to appeal Walker's decision. Yet there is some question as to whether they can indeed carry the fight to the appellate level.

Attorneys for the two same-sex couples who sued the state claiming Prop 8 violated their constitutional rights, as well as for the city and county of San Francisco, have claimed in court papers that the Prop 8 proponents fail to meet the requirements needed to seek appellate review of Walker's decision.

Pointing to what is known as "Article III standing," they note that "where private persons have intervened in a lawsuit to defend a state law, and the trial court has ruled for the plaintiff, intervenors cannot by themselves prolong the litigation through an appeal unless the intervenors independently establish their Article III standing."

In other words, unlike at the trial level where Prop 8's backers were allowed to defend the anti-gay law in court, only the state's governor or attorney general can appeal Walker's decision.