You can’t always get everything.
If the uphold Prop 8, even if they let these so-called “marriages” stand, I can live with that outcome.
It is the continued attacks on Prop 8 supporters that disturbs me more.
When I encounter a Prop 8 opponent I ask the following:
a. What makes you believe same-sex marriage is a right?
b. Have you read Federalist 84?
c. What does Hamilton say about rights in that essay?
d. Since you do not believe in the opinions of others, that makes you intolerant, right?
It is conceivable they could uphold the ban (afterall, how can a constitutional amendment be unconstitutional) but refuse to void the existing “marriages” on the grounds that voiding them under Proposition 8 would violate the ex post facto provision in the US Constitution.
There were some import ballot initiatives that either passed or failed based on a rather limited sampling of the voting populace.
All that the gay rights advocates have to do is wait for an off year primary election to add a ballot proposition to overturn 8.
If all of the socially conservative African Americans don't show up, then the gays will have their "right" to marry.
Courts normally don't like to apply new laws retroactively. So the likely outcome is for Prop 8 to be applied prospectively only.