But this seems to be pretty clear even if Prop 8 passes it should be overturned.
I Introduce to you the 14th amendment of the United States of America (including Alaska). Full text here.
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.