So, yeah. Prop 8. It's still being kicked back and forth around the courts like a bullied gay child on an unfriendly playground, and today it goes back to the Ninth Circuit Court of Appeals after several procedural questions were settled by lower courts this year. Onetime SFister Matt Baume, now vlogging for the American Foundation for Equal Rights, brings us this handy primer (with visual aids!) on where the case has been and where it's headed. Yes, it will likely be punted to the Supreme Court at some point, but when is the big question — and will SCOTUS even care to hear it?

Today at 2:30 p.m. the Ninth Circuit will hear arguments on several subjects, with the expectation that they will rule on each early next year. One issue is the release of video of the entire 2010 trial, which resulted in Judge Vaughan Walker's decision that Prop 8 was indeed unconstitutional. (Prop 8's backers believe the release of the video will damage their case, obviously, and potentially cause anti-gay-marriage witnesses in the trial to be harassed and not want to testify again in future trials.) The court will also hear arguments from both sides about whether Judge Walker's impartiality should figure into the case, given that he came out as gay upon retiring from the court. A federal district court already ruled that that is bullshit, because it would mean that every married is biased in this case too, because it's about the definition of marriage.

Also, there's a rally today on the court steps on 7th and Mission scheduled for 1 p.m. with the rallying cries "Motion for Marriage" and "Free the Tapes!"

Only after this stage is over and rulings are given on these issues will there be the possibility for the court to then rule on the appeal itself (the liberal court is likely to side with Walker on this and agree that Prop 8 is unconstitutional), opening the door for a SCOTUS appeal. And then, IF they take the case, the fate of gay marriage resides pretty much in the hands of swing vote Justice Kennedy.

We know... this law stuff. It's not for the brevity-inclined.

[SF Appeal]
PREVIOUSLY: Prop 8 Sponsors Can Defend Anti-Gay Marriage Measure, Court Rules
Prop 8 Backers Back In Court Today for More Legal Theater Over Judge Vaughn Walker