All may not be lost in terms of Proposition 8, the California ballot measure that seems to have overturned gay marriage.
According to DailyKos, California Supreme Court Justice Ronald George, who wrote the majority opinion based on his state’s precedent, not the Supreme Court, did not create a suspect class for gay folk, thereby leaving some wiggle room for debate:
There is ample precedent under CA law that alterations of fundamental rights cannot to done with a mere amendment via majority vote of the electorate. This would constitute a “revision” of the CA Constitution would requires 2/3 vote of both Houses of Legislature AND a 2/3 vote by the electorate or alternatively a State Constitutional Convention called by 2/3 vote of both houses.
Activists are also hoping the 3-4 million uncounted ballots can help swing the polls back in our direction.