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Marriage may be a federal issue simply because there are international treaties that deal with it ~ however, 'gay' marriage is a matter of civil registration at the root ~ a block to fill out on a form ~ making the block bigger might be the solution.

Remember, the court, when it feels uncomfortable ~ because a particular case isn't dealing with situations that are well ripened (which has nothing to do with how much it's talked about) will almost always take the easy way out.

Dred Scott was such a case, then, when it ripened, the South attack the Union and the war was on.

The USSC is not designed to be 'smart' ~ just to sit in judgment on particular cases.

The easy way out is to simply decide the 9th, and the district, had no jurisdiction which kicks it back to California. They can decide if they are still happy with their public referenda on this and that system.