Gay and lesbian state lawmakers were disheartened by Tuesday’s California Supreme Court ruling upholding Proposition 8 making same sex marriage illegal. “California has lost its lead in the fight for civil rights for all people,” said state Sen. Christine Kehoe, D-San Diego.

November’s vote was the second time California voters had banned gay marriage but was the first time it was enshrined in the state constitution.

Gay marriage is legal in five states: It was allowed by courts in Massachusetts, Connecticut and Iowa, while legislatures legalized it in Maine and Vermont.