It could be another 90 days before Californians know whether same-sex marriage is legal or still illegal in the Golden State.

At the request of the Ninth Circuit Court, the California Supreme Court met this week to hear arguments for and against allowing proponents of Prop. 8 to challenge Judge Vaughn Walker’s decision that the measure was unconstitutional.

If the court dismisses the appeal, it’s likely that same-sex marriage would again be legal in the state. If not, then the appeal process could proceed, possibly to the U.S. Supreme Court.

At the heart of the arguments is whether private initiative sponsors have the authority to appeal a federal court decision that invalidates state law. In the past, that power has been reserved to the attorney general and governor, who, in this case, opted not to appeal Walker’s decision.

ProtectMarriage, a sponsor of the Prop. 8 measure, argued that proponents should be allowed to defend the state constitution when elected officials do not. Opponents, however, say only elected officials should be given that authority.

“I was very discouraged in the arguments today, and I’m concerned where the court may be heading,” said National Center for Lesbian Rights legal director Shannon Minter after Tuesday’s hearing. “Permitting special interest groups to usurp that decision-making authority would dramatically change the current law and take a giant step down the road of turning California into a mobocracy.”

ProtectMarriage representatives have said that seven million California residents voted for Prop. 8, which made same-sex marriage illegal. Those residents should have the ability to have their opinions defended in court, ProtectMarriage co-counsel Brain Raum said in a written statement.

“The California Supreme Court not only embraced intervention by the official proponents, but never once questioned their right to defend the California Constitution, especially when state officials refused to do so,” Raum said. “In their history, neither the California Supreme Court, nor the Courts of Appeal, has ever questioned the right of official proponents to intervene and defend their enacted propositions.”

Equality California director of communications Rebekah Orr said that, if the court were to rule in favor of the proponents, the fight to re-legalize same-sex marriage could take several years. But she feels that, ultimately, justice will prevail.

“I think the fight to restore full marriage equality is, at the same time, an exercise in frustration and optimism,” Orr said.

Regardless of the decision, equality advocates still have several more paths to travel for equal same-sex marriage opportunities, she said. If the judge were to rule against the proponents, advocates would need to fight for many more protections that have been denied to same-sex couples, Orr said.

“We need to continue to work on that at every level,” she added. “This hearing is one more piece of that work, and one more opportunity to bringing us closer.”

Orr said the challenges same-sex couples must face each day are “outrageous” and “unacceptable.”

“But we also know we have to keep going,” she said.

Supreme Court public information officer Lynn Holton said the court has 90 days to make a decision, though it may reach a conclusion before that time. Broadcasts of this week’s hearing were aired on the California Channel.

Attempts to seek further comment from ProtectMarriage representatives were unsuccessful.