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Um, I assume you mean if Prop 8 doesn't pass. If it does pass, it will be against the California constitution for people of the same sex to get married, so I can't imagine having it pass would lead to church's getting sued.
If you meant if it doesn't pass, then that's the situation we're in now, where the state recognizes same sex marriages. In that case I don't know what the case would be, but the supreme court of the state ruled that the state must recognize marriages between same sex couples, not that anyone would be forced to perform the service so I can't imagine anyone winning such a suit.
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