Today the San Francisco Chronicle reports:
Chief Justice Tani Cantil-Sakayue says the California Supreme Court will decide soon, maybe next week, on whether to enter the Proposition 8 gay marriage fray. The 9th U.S. Court of Appeals said last month that it cannot decide if the gay marriage ban is constitutional until the state high court weighs in on whether proposition sponsors have authority to defend the measure. A three-judge panel asked the California Supreme Court to decide if ballot proposition backers can step in to defend voter-approved initiatives in court when state officials refuse to do so. The panel suggested it would have to dismiss the case if there’s no state high court input.
If I’m reading this right, the Court is going to decide if it wants to decide.