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.

President Barack Obama declared the Defense Of Marriage Act unconstitutional yesterday, and ordered the Justice Department to no longer defend it. The act, which was signed into law in by President Bill Clinton back in 1996, barred any federal recognition of same-sex marriages. Reactions were split between Democrats and Republicans. House Speaker John Boehner (R-Ohio), said, "while Americans want Washington to focus on creating jobs and cutting spending the president will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation."

A federal judge has overturned Proposition 8, the California ballot measure that defines marriage as between one man and one woman.  The measure passed with 52 percent of votes in November 2008. Yesterday, Judge Vaughn Walker ruled it unconstitutional on 14th Amendment grounds of due process and equal protection under the law. 

In a decision that ran more than 100 pages, Judge Vaughn Walker stated that "Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex couples are superior to same-sex couples."

The fight over gay marriage resumes in California today with Perry v. Schwarzenegger ... and you may be able to watch it on YouTube, tonight.  Two same sex-couples are suing the enforcers of California's Proposition 8 on grounds that the gay marriage ban violates their federal constitutional rights. This might lay the groundwork for an appeal to the U.S. Supreme Court. The trial will be the first federal court case in the U.S. to be broadcast on YouTube. Kenji Yoshino, professor of law at New York University, has been following the case.

President Obama said yesterday that he will extend some benefits to the same-sex partners of federal employees. But with the Defense of Marriage Act still in place, how big a step forward is really possible? The Takeaway talks to Kenji Yoshino, the Chief Justice Earl Warren Professor of Constitutional Law at the NYU School of Law.

To see a map of the state of gay rights across the globe, click here.

The Supreme Court has set its agenda for the week and will hear arguments on two cases involving civil rights. The first case involves the strip search of a young girl by school administrators hot in pursuit of...ibuprofen. They had received a tip that she was distributing, but turned up nothing in their search of the honor student. While this seems like a blatant and outrageous violation of the girl's fourth amendment rights, the Court has upheld such searches and allows the court to revisit the issue of whether civil rights can be limited at the schoolhouse door in order to protect the health, safety, or morals of the children within.

Next on the docket is a look at affirmative action in practice in the city of New Haven, Connecticut. The court will hear arguments on behalf of several firefighters (mostly white, but one is Latino) who feel that the city violated their rights to equal opportunity for work by eliminating a test that put firefighters who passed the exam on track for promotion. One of the firefighters, who had severe dyslexia, got tutoring and studied for thirteen hours a day and passed it. But no African American candidates on the firefighting force passed it, which prompted the city of New Haven to eliminate the test on the ground that it showed a gross disparity of opportunity for black firefighters than for whites.

Joining The Takeaway to discuss these cases and more is Kenji Yoshino, the Chief Justice Earl Warren Professor of Law at NYU law school.

Today, California’s Supreme Court takes up the issue of whether Proposition 8, the ballot initiative that effectively banned gay marriage in that state, is legal or not. The hotly-contested proposition passed last year and heads to the court today over questions of constitutionality. The courthouse should be a spectacle as protesters on both sides of the issue rally and even Ken Starr is expected to make an appearance. To tell us more about the gay marriage debate in California and across the country, Kenji Yoshino of New York University Law School joins us.

For a comedic take on the gay marriage battle in California, here's "Prop. 8 The Musical":