Marriage became legal last summer because the California Supreme Court overruled Prop 22. They can do the same with Prop 8 if they feel it violates other parts of the Constitution. To truly amend the constitution, it must pass both houses of the legislature and then be approved by a super majority of the voters.
From what I've read, all it take is a simple majority. Of all the times an amendment has been brought before the CA court, only twice has it been overturned.
If Prop. 8 is ruled as a constitutional revision, it must pass 67% of the Legislature and 51% of the electorate.
we're up to 6 states now, much faster pace than what happened with miscegenation laws
I thought it was five, and with Maine, there's still the matter of the "People's Veto". Maine can veto the gay "marriage" law if they get 56,000 certified signatures of registered voters in before mid-September. Then, a simple majority vote override the governor's bill.
As I've stated elsewhere, when gay "marriage" has its success is in states where people can't amend their constitutions directly, without going through a left-leaning Legislature or Senate.
