How do uphold the law passed by voters while still allowing the 18,000 same sex marriages to stand? Still puzzling through that one. Doesn’t that establish two classes of people?
This is going back on the ballot.

LAT reports the California Supreme Court had these three things to look at :

• whether Proposition 8 amounts to an impermissible revision of the state Constitution
• the attorney general’s challenge contending that marriage is an “inalienable” right that can’t be taken away without compelling justification
• and the fate of existing same-sex marriages

Backgrounder from LAT:

• After San Francisco officials began allowing same-sex couples to wed there in 2004, the courts intervened, invalidating the marriages on grounds that local officials had overstepped their authority.
• But in May 2008, the California Supreme Court ruled that the state Constitution protects a fundamental “right to marry” that extends to same-sex couples.
• That made California the second state in the union, after Massachusetts, to permit same-sex marriage.
• About 18,000 gay and lesbian couples married between June and November, when voters approved Proposition 8, which amended the state Constitution to recognize marriage as only between a man and woman.
• Opponents of Proposition 8 appealed to the California Supreme Court to overturn the ballot measure. They contend that the proposition changed the tenets of the state Constitution and therefore amounted to a revision, which can only be placed on the ballot by a two-thirds vote of the Legislature; Proposition 8 reached the ballot after a signature drive.