Yes, I am afraid there is a significant possibility that the courts will not throw out Prop 8 and that it will go into effect. The problem is that this was a popular election, and even the courts are sensitive to throwing out popularly passed provisions. While I think that the law favors throwing it out, we are all aware that courts are not particularly finicky about following the law, sometimes. My confidence, however, is that the Chief Justice of the Cal Sup Ct is a conservative, but still wrote the opinion upholding the right of gays to marry in a well-reasoned decision. I would find it surprising that the majority would change simply because of the vote.
Now, if it is defeated in court, I think it would be incumbent upon the anti-Prop 8 folks to work to get something on the ballot confirming the court's decision. Crafting it will be tricky, but I think they need to "set the standard" before the opponents do. Something along the lines of "no civil rights currently granted by law may be abrogated by less than a super majority of the electorate." That could cement the right and make it highly unlikely to be overturned by a proposition.
