But this doesn’t mean the same kind of just-kidding referendum couldn’t happen in other states, which would push the Supreme Court to reconsider. They like to wait until several of the circuit courts to consider an issue before it takes it on
While the recent decision by California’s Supreme Court regarding the constitutionality of that state’s Proposition 8, defining marriage as between a man and a woman, may signal a victory for advocates of same-sex marriage it is unclear yet what the high court’s ruling will mean for the nation as a whole.
The Supreme Court will likely use its discretionary power in selecting cases for review to wait until enough state courts have ruled on the issue, and confusion abounds, before granting cert. Should the Supreme Court rule on this issue now avoiding the likely confusion and rancor that will arise as a result of conflicting state court decisions? Should the Court sometimes be compelled to hear cases rather than waiting until they deem it worthy of their time and attention?