The Sacramento Bee is reporting that the Ninth Circuit Court has ruled that Imperial County, California, doesn't have the right to intervene in the Proposition 8 case for same-sex marriage and asked the California Supreme Court about the orgs that want to intervene:
The judges wrote that "in light of Arizonans for Official English v. Arizona . . . it is critical that we be advised of the rights under California law of the official proponents of an initiative measure to defend the constitutionality of that measure upon its adoption by the people when the state officers charged with the laws' enforcement, including the attorney general, refuse to provide such a defense or appeal a judgment declaring the measure unconstitutional."
After the State of California lost earlier this year at trial and the governor and attorney general decided not to pursue appeal, same-sex marriage opponents didn't think such a decision should stand and tried to appeal the case. The problem is that they weren't defendants in the suit - technically California passed a law that discriminated against same-sex couples, so the homophobes were not a party in the case.
We'll see what the California Supreme Court says.