California's marriage battle will land back in court September 6, and one pro-family activist says the state's unstable courts make the ultimate decision difficult to predict.

The California Supreme Court has scheduled a 10:00 a.m. hearing on Proposition 8, the 2008 law that upholds traditional marriage in the state. The high court will consider whether initiative proponents have the legal right to defend their measures in court when state officials refuse to do so. Justices have 90 days after the hearing to decide on the issue.

Jerry Cox, president of the Arkansas Family Council, is not confident the end result will favor conservatives...