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Article III, section 2, paragraph 2
"...the court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."

I didn't know that. Live and learn! Could Congress take the initiative on a matter like homosexual marriage, and exclude cases on that subject from the federal courts? If the court really thinks a question of constitutional rights is involved, could it overturn the Congress's exclusion of the matter from its jurisdiction?

[RRWCC]

"could it overturn the Congress's exclusion of the matter from its jurisdiction?"

No it could not. There is no Constitutional provision for the court to do so. The judges are appointed NOT elected. It was the founders intention that THE PEOPLE control the government.

I doubt very seriously if you could find enough legislators with the courage to do this though.