[InterceptPoint]

Note that no California Appellate Court has ruled on this case nor has any Federal Court or the Supreme Court. To see why this is important you need to read the full article where you will find the following:

But that means Prop 8 is still the law in California. Section 3.5 of the California Constitution specifically commands:

An administrative agency ... has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations.

[Tau Food]

A U.S. District Court has declared that Proposition 8 is unconstitutional under the 14th amendment of the U.S. Constitution. Any provision in the state's constitution, the state's statutes or a county's ordinance that provides that the judgment of a U.S. District Court is unenforceable is a provision that in unconstitutional under the U.S. Constitution's supremacy clause.

Banning homosexual marriage at this point will literally take an Act of God and the possibility of an Act of God should not be dismissed.