Now **this** is interesting -
Traditionally, the federal DOMA law would be defended by the Justice Department. But that responsibility would now fall to House Republicans after President Barack Obama declared his support for same-sex marriage earlier this year.
In their order on Friday, the justices asked both sides to argue a supplemental question: Whether congressional Republicans -- operating as a bipartisan legal advisory group -- have "standing," or legal authority, to make the case.
The justices also asked both sides to argue a second standing question. California's governor and state attorney general have refused to defend Proposition 8 in court, leaving it to a private coalition of groups supporting the law to file the appeals.
The high court could decide the standing question alone and dismiss the appeal without addressing the larger constitutional questions. That would mean for now, same-sex marriages could resume next year in California.
From the updated CNN article
http://www.cnn.com/2012/12/07/us/court- … ?hpt=hp_t3