( CNN ) -- California voters on Tuesday appear to have approved Proposition 8 , a measure banning same-sex marriage in the state . CNN legal analyst Sunny Hostin says the U.S. Supreme Court may have to rule on the issue of same-sex marriage . California 's secretary of state late Tuesday released semi-official results showing Proposition 8 had passed 52.5 percent to 47.5 percent . CNN has not officially called the result one way or the other . On Wednesday protesters took to the streets of Los Angeles to voice their opposition to the potential ban . And there are at least three legal challenges to it now pending in court . Kiran Chetry of CNN 's `` American Morning '' spoke Thursday with the program 's legal analyst , Sunny Hostin , about the issue . Chetry : California 's attorney general says that the constitutional amendment is not retroactive , and San Francisco Mayor Gavin Newsom says he will continue to marry people until someone sues him to stop . So what does Prop 8 mean first of all to people who want to get married in the state of California ? Hostin : Well , we already know in Los Angeles they are no longer issuing marriage licenses to same-sex couples . So in Los Angeles , it 's a no go . In San Francisco , as you mentioned , the mayor is saying , `` We 're still going to be doing it . '' So for people that are n't married yet , it 's really legal limbo . Chetry : All right . And what about people who from the time that they allowed same-sex marriage , this was in May until November , some 18,000 couples decided they were going to do it . What happens to them ? Is their marriage still valid ? Hostin : It 's still valid right now . But really they are also in a legal limbo . The bottom line it 's all over the place . The law is really unclear here . Last night , I was poring over these legal papers . I was also discussing this with a lot of law professors , a lot of different lawyers , and everyone is all over the place . Some folks said , you know , the bottom line is when you look at the language of Proposition 8 , it is very clear that it was meant to be retroactive and that means that all the marriages will be invalidated . Then another law professor that I spoke to said that is absolutely fundamentally ridiculous . The bottom line is this is a fundamental right that was given to couples and this is a right that is not going to be given away . I think we 're going to see a lot of litigation here , Kiran , and the bottom line is everyone is in a legal , legal limbo . Chetry : It 's very interesting the grounds for which they are challenging . At least in one of these lawsuits they said that it was a constitutional revision rather than an amendment . And that means it would need two-thirds approval of the House in the legislature . So do we think it could go to the state house in California as well as being fought in the courts ? Hostin : I really think this is going to be a legal issue . I think this is going to go before the California Supreme Court . And we already know as you mentioned that there are three cases pending before the California Supreme Court . And what is interesting to note is that it 's the very same court that allowed these marriages in the first place . And so , my guess is that that court is going to weigh in , probably reinstitute the right to marry for same-sex couples and then that 's going to be likely based on the U.S. Constitution and our Supreme Court is going to weigh in . What is I think extremely interesting here is that we now know that we have a president-elect , Obama . He 's going to get the opportunity likely to appoint Supreme Court justices . So we do n't even know which type of court or the makeup of the court that will hear this . But I think the Supreme Court will likely weigh in on this issue . Chetry : This was such a hot button issue in the state . More spending on either side , $ 35 million , $ 37 million on both sides . Hostin : Yes . Chetry : It was the highest funded campaign on any state ballot . Hostin : That 's right . Chetry : They say it trumped every other campaign except the presidential . Hostin : People care about this issue . I mean , they 're talking about discrimination , equal protection . It 's an issue that 's a hotbed issue . We also know , Kiran , that in Arizona and Florida that this ban was implemented . And so , you know , it 's all over the place . People care about this issue , and this is an issue that is really present . And I think that it 's something that , we , of course , have to watch because we 're talking about equal protection , we 're talking about discrimination . People care about these issues . Chetry : Sunny Hostin , great to see you . Thank you . Hostin : Thanks . iReport.com : Did you vote on a same-sex measure ?
California voters appear to have approved a ban on same-sex marriage . At least three court challenges have been filed against ban . CNN legal analyst says opinions on ban 's legality are `` all over the place '' Analyst says U.S. Supreme Court will likely be called upon to decide issue .