Web Only Special: Fight over California same sex marriage ban set for higher courts

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Today, opponents of same sex marriage in California formally filed an appeal to a ruling by a federal judge that overturned the state's Proposition 8. On Wednesday, US District Judge Vaughn Walker ruled that the state's ban on same sex marriage was unconstitutional.

The decision led to celebrations for some, including Robin Tyler and Diane Olsen, the first gay couple to get married in Los Angeles County. They spoke to reporter Dan Fritz in West Hollywood.

"When I heard I just broke down crying because it was the correct decision. It's unconstitutional for a majority to vote away the rights of a minority."

The appeal to Judge Walker's decision today was expected and sets up a court battle that could find its way to the US Supreme Court. Meanwhile, Walker ordered both sides to submit written arguments by Friday, before he requires a stay of the ban, which would allow same sex marriages to take place.

To get more details of the ruling and the process ahead we're joined by Herma Hill Kay, Barbara Nachtrieb Armstrong Professor of Law at the University of California, Berkeley and an expert in marriage law and civil unions.