Legalization could also take place through the legislature; the current DOMA law in WA state is a law that the legislature could repeal if they wanted. After the WA Supreme Court ruling, as far as I understand it, the legislature is not required to recognize gay marriage, but is also not prohibited from recognizing it, as is the case in states that have DOMA constitutional amendments.

Having the legislature repeal the DOMA would likely trigger a referendum similar to R-71 if that happened.

With the way opinions are changing in this area - a majority of folks currently in favor - will be interesting to see which approach ends up happening first.

Remember that Justice Sanders, who also voted against gay marriage, was voted out in favor of Charlie Wiggins in the last election. So, with Judge Alexander's retirement, it is likely that an appointment by Gov. Gregoire will fall on the pro- side of the next gay marriage challenge, giving a possible six of nine votes on the good side. Of course, there will have to be another case challenging Washington's marriage laws, and such a case may be nuanced in such a way that these judges don't vote so predictably. But things are looking up for sure.