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Separately, the Supreme Court has been weighing whether to review California’s Proposition 8, a 2008 voter initiative limiting marriage to a man and a woman. A federal appeals court in San Francisco found the measure unconstitutionally withdrew marriage rights from gays after the California Supreme Court ruled in May 2008 that those rights were protected by the state constitution.

It's interesting the WSJ chooses to use this phrasing since Prop 8 was a state constitutional amendment in response to the the state court ruling about a prior lesser initiative, Prop 22. They distort the facts and timeline in a way that favors "gay marriage" advocates.

I have a fresh thought that gov't recognized "marriage" is not a right but a privilege akin to a driver's license. It's all about inheritance and co-mingling of property. If it were a true right the rules and eligibility would not be so varied and arbitrary. There would not be some community property states and some not nor would there be such disparity in age requirements, blood tests and so forth. The very lack of uniformity speaks to the power each state asserts in this area on who and what rights and responsibilities "marriage" confers.