Obviously the idea that 18,000 gaymarriages are not prohibited by California's state-constitutional prohibition on gaymarriage because they occurred during a brief window of legality is absurd. Can you imagine some post-bellum South Carolinian arguing that the 13th Amendment didn't apply retroactively? The CA supreme court tried to split the baby and ended up with blood and guts all over its hands. Now a new referendum seeking to repeal with prior referendum will go on the ballot and will probably succeed. This is all to say that no matter how it is constituted and exercised, democracy on a large scale is a sham.