The District Court just replaced the Prop 8 judge from gay Judge Vaughn Walker to probably-not-gay Judge James Ware, since Walker is now gay-retired. While little is known about Ware's attitude regarding LGBTs and civil rights, there is this case from Morgan Hill, where he ruled that students have a right to sue their school district for homophobic harassment. (The case was eventually settled.)

However, none of this may even matter. Ware might not even have an opportunity to issue any further rulings on the case, depending on how oral arguments before the California Supreme Court go in September, and then how the Ninth Circuit Court of Appeals rules (which will probably happen in about a year from now).