E. J. Graff wrote at The Advocate last week:

"...If the court does take up Perry, be afraid, be very afraid. Almost no one believes the Supreme Court is ready to get out ahead of American opinion on the question at Perry’s heart: Do same-sex couples have a fundamental right to marry under the U.S. Constitution? 

... The good news: The general opinion is that the Supreme Court will decline to hear Perry because, as Lyle Denniston of SCOTUSBlog wrote in an email, that would mean “the court does not have to answer…any issue about a right to gay marriage, and I think the court will be happy to be spared that obligation.”

Of course, the Supreme Court did choose to hear Perry (Prop 8).