The upside is that those in favor of allowing two people to marry regardless of their sexual orientation have legal teams assembled. I do believe the US Constitution is on our side here, and with OBAMA HEADED FOR THE WHITEHOUSE (I am still flummoxed that I can type that), we may have some seriously great judges who don't operate from a place of bigotry when it comes to making serious judicial decisions about such cases.
I got this in an email from a friend of the No On 8 movement:
Today, as the ballot counting for Proposition 8 in California continues, Lambda Legal, along with the National Center for Lesbian Rights and the ACLU, filed a petition in the California Supreme Court on behalf of Equality California and six same-sex couples urging the court to invalidate Prop 8 if it passes. The petition charges that Prop 8 is invalid because the initiative process was improperly used in an attempt to undo the constitution' s core commitment to equality for everyone by eliminating a fundamental right from just one group — lesbian and gay Californians. Prop 8 also improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities. Whatever the outcome of the election or the lawsuit, we and the California Attorney General agree that existing California marriages are valid, and Lambda Legal will work in the courts to protect these marriages if they are attacked.It's unfortunate that it has come to this. It's going to be one of the acid tests of our Constitution and the judicial process to prevent the tyranny of the masses from violating fundamental rights promised us by our ancestors - you remember, "that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness..." - which was the forerunner to the Constitution.
It's not just parchment. I would include the freedom to marry the person you love regardless of sexual orientation as one of those "unalienable Rights." Much like black individuals being counted as 2/3rds a citizen was struck down oh, so long ago. Bigotry has no place in any State or the US Constitution.
Really, if you don't believe in Gay Marriage, don't marry some one of the same gender. I have still not ever seen a legitimate argument that explains how heterosexual marriage is harmed if John and David or Sally and Jennifer, who have been together for the last 18 years, get married to cement their relationship.