I think we are in pretty good shape if that happens. But it would still be really nice if one of the remaining asshats on the Supremes would retire or die, and Obama gets reelected and appoints someone competent.
my vote is Scalia. He is at the moment the biggest facist asshole in goverment, now that cheney has retired from office... of course, cheney actually supports marriage equality for LGBT people, so lets give him due for that. Thomas is second in line, mainly because he is married to a neo-nazi lobbyest, and refuses to recuse himself from cases brought on by his wifes lobbiest connections, while he stands to finaicially profit from the results of him ruling in their favor.
I don't have quite the faith in Kennedy that you do. I'd vote for Thomas, because he's the least competent juror on the court.
I think this is a much stronger case than the Prop 8 case. In addition to the equal protection challenge, there is a federalism/state rights argument here. Many of the lower court rulings have been by conservative judges who struck down the law on states' rights arguments. I expect Kennedy will join them.
I wonder how much more money the GOP is going to waste to fight to keep their hatred and bigottry on the books.