(court rules in a split opinion that Proposition 8, passed by California voters, which defines "marriage" in the state Constitution as between one man and one woman, is unconstitutional; as result of different court opinion that created right to homosexual "marriage" in 2011 by modifying the interpretation of the state Constitution and how state initiative process works, court holds that state voters could not amend state constitution to disaffect persons who want same sex marriages; court's opinion gives judges ability to create "rights" beyond the voters' ability to amend through initiative process; opinion by Reinhardt, the most overruled Circuit Court judge in the U.S).