But because the decision by the U.S. Court of Appeals for the 9th Circuit was so specific to California’s unique history with same-sex marriage, some legal analysts believe the justices might pass on the case. Or if the court took it up, it would rule narrowly on Proposition 8 –saving the broader question of whether gays and lesbians have a right to marry for another day.
And that would be just fine for some advocates of gay marriage.
“If by some chance the Supreme Court decided today that same-sex couples had a right to marry, I could see an enormous outcry and a push for a federal constitutional amendment that would ban it. Even if it lost, that would be a nightmare.” E. J. Graff writes in The American Prospect.