Hankster-

As always, language is key to legal BS. The argument is that Prop 8 is a revision of the state constitution, not an amendment, and requires the legislature to act first.

Gay marriage is a religious issue - I haven't seen, heard or read about any agnostics or atheists protesting gay marriage, yet. The US constitution does not ban gay marriage and an omission is just as binding as the printed stuff (it also says nothing about marijuana or prostitution, for what it's worth). The issue is left to the states, as long as states' rights still exist, which brings us back to Prop. 8 and what it's legal status/definition turns out to be.

I'm not holding my breath or losing any sleep either way