Well sure you can pass smog without the gaskets, just like you can if the bolts aren't torqued to the right specs. If the question was whether cat pipe is put on with gaskets from the factory, the answer is yes.
Thanks guys for the information. Just to make everything neat and secure I have ordered both gaskets and 3 new bolts as well (about $24 total) from Toyota. It's gonna be a pain in the ass again..reinstalling the cats back.