Not true, not true at all. Recall, the Proponents are actually Defendent-Intervenors. Defendants chose to offer no defense, and they choose not to appeal.
There was an AZ case that had a similar situation, I forget the name right now. State did not defend, D-I lost the case, State chose not to appeal, case died for lack of standing.
For the same reasons Judge Walker offered.
There is next to no chance that Proponents, as D-I, will be found to have been allowed to act improperly at trial. If it is, it will be kicked back to Judge Walker, there will be no D-I, State refuses to defend, and there will be a summary judgment of Plaintiff or something like that, and then no appeal.
But that is not going to happen, so the next wet dream of the proponents won’t either - that all that will take time and a Republican will be elected to either Governor or State’s Attorney office and will choose to act on behalf of the state.
And even if that happens, before it can all be settled, there will be a new referendum to repeal Prop 8 in California. Which makes the case moot, and leaves CA with SSM and no wider ruling, same result as below.
That is the general consensus here in California on all sides. Word is there is at least some consideration being given to letting CA go in the case, and containing what is perceived as the damage of a loss to CA, and living to fight another day. Probably won’t happen, but the trial balloon has been floated already in the press, so if that side needed to come back and spin it to their supporters as a tactic still in keeping with the broader strategy, I am sure they could pull it off.