LOS ANGELES — A federal appeals court panel on Tuesday threw out a voter-approved ban on same-sex marriage passed in 2008, upholding a lower court’s ruling that the ban, known as Proposition 8, violated the constitutional rights of gay men and lesbians in California.

Tuesday’s 2-to-1 decision was much more narrowly framed than the sweeping ruling of Judge Walker, who asserted that barring same-sex couples from marrying was a violation of the equal protection and due process clauses of the Constitution.

The two judges on Tuesday stated explicitly that they were not deciding whether there was a constitutional right for same-sex couples to marry, instead ruling that the disparate treatment of married couples and domestic partners since the passage of Proposition 8 violated the Constitution’s Equal Protection Clause.

This happened in Febuary 2012. My point is how much more will gay people last before they have actual rights as married people. It was said that Prop 8 was unconstitutional but they did not say go ahead and get married now. Do gay people need to go to court again and fight for their marriage license that should legally be there's to begin with?