9th Circuit Sides With Gay Couples in 2-1 Ruling on Prop 8
Taking a narrow approach in deciding the blockbuster challenge to California's ban on gay marriage, a split 9th Circuit panel on Tuesday found Proposition 8 unconstitutional. The majority punted on the broader question of whether marrying a partner of the same sex should be a fundamental right -- a move that scholars said was designed to help the opinion withstand review by the U.S. Supreme Court.See related story: ProtectMarriage.com GC Sees 'Clear Path' to Supreme Court for Prop 8
