If the lower court decision was stayed, it was stayed. It can't be stayed for one and not for all. If officiants can't hold such marriages, and will be punished if they do, then the statute is still in effect, and that binds the legislature every bit as much as it does marriage officiants. If the Supreme Court overturns it, then it will be out, and the legislature will be able do whatever it wants, until another initiative passes; until then, the legislature is bound by the initiative-passed statute, and has no business overriding the will of the electors whom they supposedly represent.