Prop. 8 Heads Back to Court

The legal battle over same-sex marriage in California is headed back to court Wednesday when a federal judge will consider a motion that would scrap plans for a January trial and put a quick end to the federal effort to overturn the ban.

Prop. 8 supporters will argue that U.S. Supreme Court precedent and the historical definition of "marriage" defeats the need for a court case. Same-sex marriage advocates plan to argue that Prop. 8 denies gay couples federal equal-protection rights.

Based on past comments from chief U.S. district judge Vaughn Walker, Prop. 8 backers aren't expected to be successful at averting a trial. He has previously indicated that he believes the case warrants a trial to develop a full record for higher court review. Many predict the case will reach the Supreme Court.