It cannot be a California State Judge because a state court judge cannot overrule a state constitutional amendment. That's why they made it an amendment. Also because of the abstention doctrine a Federal Judge would not overturn a state constitutional amendment. The only two ways this can and will be overturned would either be an Act of Congress stating that no state can interfere with the rights of people
regardless of sexual orientation to marry (this would be much like the Civil Rights Act of 1964 which obliterated state constituional Jim Crow provisions, or an amendment to the United States Constitution overturning the state constitutional amendments.
There were some VERY shady practices employed to get this vote through. Some of the ads were financed by Erik Prince's own mother. (He's the owner of Blackwater). Deceptive ads (some banners I saw here on GBB) with Obama's picture appearing although he did not endorse Prop 8. And a huge amount of financing paid for by members of the Mormon Church (of all people, were lecturing others about what is a normal marriage, and what isn't).
It's weird that so many people claim to want smaller government, but they're okay with this sort of thing. Apparently, the government can dictate people's personal lives, as long as you're okay with that dictation.
This election has proven both how far we've come regarding civil rights in this country, and how far we still have to go.
