Gay marriage banned in several states: What now?

Thousands of married gay couples are now in legal limbo after California voters approved Proposition 8 by a slim 4% margin. About 18,000 couples held their nuptials during the short time that gay marriage was legal this year but now it is unclear whether their union will be recognized by California law despite affirmations from the state attorney general, Jerry Brown, that those marriages will remain valid.

Gay-rights activists were defeated in Arizona and Florida as well, where gay-marriage amendments were also approved. And, Arkansas voters approved a measure banning unmarried couples from serving as adoptive or foster parents. Supporters were clear that gays and lesbians were their main target.

Similar gay-marriage bans had prevailed in 27 states before Tuesday's elections, but the success of the prohibition in California, a historical trend-setter in many arenas, is seen as a major defeat for the gay rights movement.

Spending for and against the amendment reached $74 million, a record for a ballot measure on a social issue and the most expensive campaign this year outside of the election. The result was ceaseless television and radio commercials from both sides. Advocates of the ban played up their belief that without it, children could be taught about gay marriage in schools, while opponents likened approval to denying fundamental civil rights.

But it’s unlikely that the fight for gay marriage will stop here. Several legal challenges were filed Wednesday night.

The first same-sex couple to marry in Los Angeles County in June has already launched a lawsuit to fight back against the constitutional amendment that may overturn their legal union.

Robin Tyler and Diane Olson said they have already initiated a lawsuit to fight back against the amendment.

"It's never happened in American history where a group of people have been in a constitution and then taken out again," Tyler told CTV's Canada AM on Thursday. "We cried yesterday morning and then we already had the lawsuit prepared so we knew we were going to strike -- this is definitely not the end of this subject."

Meanwhile, thousands gathered across California in protest against the ban, marching through the streets, holding candlelight vigils and carrying signs that read: "We all deserve the freedom to marry."

In the interim, Brian Brown, executive director of the National Organization for Marriage California, welcomed the vote banning same-sex marriage.

"Government did not create marriage, and neither politicians nor legislators have the right to redefine its basic meaning," Brown told The Associated Press.

Are you interested in finding out more about gay rights? Head on over to our discrimination page.