This is good news:
According to the San Francisco Chronicle:
A federal judge refused today to dismiss a lawsuit challenging California's ban on same-sex marriage, setting the stage for the nation's first trial on the constitutionality of a law allowing only opposite-sex couples to wed.
Ultimately, this piece of crap proposition will be overturned at the ballot box as bigots become more and more in the minority, but it's nice to know that the courts will at least look at this. The basis of this suit is that the real purpose was to strip a historically persecuted minority group of rights held by the majority.
Judge Vaughn Walker:
Disputes over the state's authority to enshrine traditional marriage in its Constitution, and exclude same-sex couples because of their inability to conceive children, raise factual questions that require a trial
So yea! I pray Prop 8 gets tossed. I still remember going over to a gay friend's home the day after Prop 8 passed and him asking me why Californians hated him and his partner. I look forward to talking to him when they can be married...
UPDATING with link to legal filings on the case