Sounds promising

Federal Judge: "What is the harm to the procreation purpose you outlined of allowing same-sex couples to get married?"

Lawyer for the backers of California's ban against gay marriage: "My answer is, I don't know. I don't know."

This exchange was part of a hearing on a lawsuit brought by opponents of the state amendment, who are claiming that the amendment is discriminatory under the US Constitution. The whole article is here with more exchanges between the judge and the lawyer. Sounds like a good bet that the judge will allow the civil rights lawsuit to proceed.

Thanks to smofbabe for pointing this out!