The Federal Appeals Court has ruled that California's Prop 8 ban on same sex marriage is indeed unconstitutional. The court overturned the proposition, which was approved by 52 percent of the state’s voters in 2008 and amended the state’s constitution to limit marriage to a man and a woman.

In ruling that Prop 8 was unconstitutional, the court upheld a 2010 decision by former Judge R. Vaughn Walker that found marriage to be a fundamental right protected by the Constitution.

Opponents of same-sex marriage now have the right to appeal this ruling and take the matter to the Supreme Court for the first time.