It applies to everybody. And it includes the whole system. Proponents of gay marriage have effectivly used all parts of the legal system, including the courts and the legislatures of several states. Prop 8, in accordance with the law of unintended consequences, places over 20,000 legally conducted marriages into a legal limbo. The initial decision in California was based on the existence of domestic partner benefits in California, two previous attempts to pass gay marriage legislation by the California Legislature, both vetoed by the Governator, and the long standing legal principle of equality before the law. This initiative, like the blunt instrument it is, never approached the issue of these 20,000 marriages. There is now a core of over 20,000 highly motivated, well funded litigants who will be struggling for the foreseeable future to regain their rights.
Ironically, the Mormon legwork on this may have the consequence of bringing a challenge of the Defence of Marriage Act and Proposition 8 into the Supreme Court. A Supreme Court whose appointments for the next 4 years are in the hands of a Democratic Senate, House and President.
Bad luck, bitches. We’ll see you in court.