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What do you mean it wasn't an amendment to the State Constitution? I thought that's exactly what Prop 8 was?
Either way, for the moment gay rights and marriage fall squarely within the realm of state rights and action. The other suspect classes have been incorporated against the states via the 14th Amendment's Due Process clause in the federal constitution. When it's come up to SCOTUS, they've deftly avoided adding sexuality to the federal standard of protected class (for any number of reasons). As the federal constitution does not have any language referring to marriage or to sexuality, it falls within the 10th Amendment and is therefore reserved for the states.
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