I think a constitutional amendment will be passed in November and that none of this will be relevant.
You might want to read the Court's decision closely. Note the bolded below:
"As discussed below, upon review of the numerous California decisions that have examined the underlying bases and significance of the constitutional right to marry (and that illuminate why this right has been recognized as one of the basic, inalienable civil rights guaranteed to an individual by the California Constitution), we conclude that, under this stateís Constitution, the constitutionally based right to marry properly must be understood to encompass the core set of basic substantive legal rights and attributes traditionally associated with marriage that are so integral to an individualís liberty and personal autonomy that they may not be eliminated or abrogated by the Legislature or by the electorate through the statutory initiative process. These core substantive rights include, most fundamentally, the
opportunity of an individual to establish ó with the person with whom the individual has chosen to share his or her life ó an officially recognized and protected family possessing mutual rights and responsibilities and entitled to the same respect and dignity accorded a union traditionally designated as marriage. As past cases establish, the substantive right of two adults who share a loving relationship to join together to establish an officially recognized family of their own ó and, if the couple chooses, to raise children within that family ó constitutes a vitally important attribute of the fundamental interest in liberty and personal autonomy that the California Constitution secures to all persons for the benefit of both the individual and society.
Furthermore, in contrast to earlier times, our state now recognizes that an individualís capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individualís sexual orientation, and, more generally, that an individualís sexual orientation ó like a personís race or gender ó does not constitute a legitimate basis upon which to deny or withhold legal rights. We therefore conclude that in view of the substance and significance of the fundamental
constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."
The court has stated that these rights cannot be "referendumed" away - in fact, it's clear that should voters attempt to do so, the California Supreme Court might determine that marriage, if it can be thus limited, is not an inherent Constitutional right and prohibit it for everyone.
Be careful what you wish for.
Look, if the amendment does pass in the fall, this will all be moot. The California Supreme Court can't knock off a validly passed amendment to the California constitution. If they did, then IT WOULD go up to the US Supreme Court. This is the LAST thing that California or gays want. The US Supreme Court would HAVE to take this case if the California Supreme Court was so arrogant to believe that they can say what is and what isn't a valid State Constitutional Amendment. Maybe the US Supreme Court would just say that the California Supreme Court over-stepped thier authority, but maybe the US Supreme Court would want to put the smack down on the California Supreme Court and then maybe they would decide once and for all if gays really can marry, and the way that the court is composed now, I doubt that gays would be very happy with their decision.
The bottom line here is that the California Supreme Court is playing with fire if for some reason they were to try to strike down a valid constitutional amendment to the California Constitution. They would be taking a giant step outside of their power. Their job is to interpret the law, NOT make the law, and that is what they would be doing if they did such a thing.
My advice to Ellen, and everyone else in California is to go ahead and get married before November because California is NOT as liberal as everyone thinks it is.