Neither of you are exactly correct.
Before Prop 8, gay marriage became legal in CA because the California Supreme Court ruled that there was a right to gay marriage under the CA Constitution.
Then Prop 8 passed, which was an amendment to the California Constitution.
This recent court case was brought in U.S. District Court, challenging Prop 8 validity under the U.S. Constitution. Judge Walker struck down Prop 8, pending appeal to the 9th Circuit (which may not proceed if the Prop 8 proponents don’t have standing)
However, Prop 8 could actually have been challenged in California courts as violating the U.S. Constitution. State courts have concurrent jurisdiction with federal courts on federal questions. Once the CA Supreme Court ruled, it could have been appealed to the U.S. Supreme Court.
Rocky, I meant to tag GreenLanternCorps on that instead of you.
I haven’t read the briefs. A waste of time. Equal protection is already afforded homosexuals. They do not have a constitutional right to change the meaning of the word marriage.