California's Ban on Gay Marriage Struck Down

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Opponents of Proposition 8, California's anti-gay marriage bill, hold signs outside of the Ninth U.S. Circuit Court of Appeals on February 7, 2012 in San Francisco, California.
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On Tuesday, a federal appeals court panel ruled that Proposition 8, the voter-approved ban on same-sex marriage which passed into law in 2008, was unconstitutional. This is the first time an appellate court has said there is any kind of constitutional right to marry. But this ruling is still being considered "cautious" by legal experts: Proposition 8 supporters can appeal to the entire 9th circuit, or ask the Supreme Court to take up their case.

Kenji Yoshino is a constitutional law professor at New York University.