George W. Dent, Professor of Law, Case Western Reserve University Law School writes at-length in the Federalist Society's Engage publication on the legal status of Prop 8 and concludes:

The Constitution confers no right to legal validation of same-sex marriage. As Judge Richard Posner has said, “If there is such a right, it will have to be manufactured by the justices out of whole cloth.” For the Supreme Court to do so would gravely damage its legitimacy and invite efforts to change the composition of the Court. However justified the public anger at the obliteration of traditional marriage, such moves would create a dangerous precedent. It is hoped that the Court will not provoke such action.