Is challenge to Prop. 8 already lost in California Supreme Court?

I think this article reads way too much into Justice Kennard's vote against hearing the Prop 8 challenge. She decided not to hear the case, but since the case will be heard, she will maintain the same position she took in the In re Marriage Cases.

The California Supreme Court’s order last week to consider legal challenges to Proposition 8 contained one surprising twist -- the name of the sole justice who voted against hearing the cases.

Justice Joyce L. Kennard, a staunchly independent if not stubborn jurist, has a lengthy record of protecting gay rights, including the right to marry, and often sides with the underdog in rulings.

More here.